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OKLAHOMA AND THE NATION 


A CIVIL GOVERNMENT FOR SCHOOLS 


BY 


EDMUND DANDRIDGE MURDAUGH 

ri 

FORMERLY PRESIDENT OF THE CENTRAL STATE NORMAL SCHOOL, EDMOND, OKLAHOMA 

AND 


GEORGE MORRIS PHILIPS 


PRINCIPAL OF THE STATE NORMAL SCHOOL, WEST CHESTER, PENNSYLVANIA 


* > 

.» * 


PHILADELPHIA 


CHRISTOPHER SOWER COMPANY 



UBRARY of OONaSESSt 
j wo Copies rtetttivvxS 

]UN 27 

OWyJfl'H" 1 t,,u ^ 

Ju~ <7 '100 

oms» A „ **£' 

■ 2 - iL- 


Copyright, 1908 

By Christopher Sower Company 






CONTENTS 


CHAPTER X. 

The Relation of the Federal Government to the Govern¬ 
ment of a State—State Constitutions and the Consti¬ 
tution of the United States—The First Form of Gov¬ 
ernment in Oklahoma—Government of the Territory 
—How Oklahoma Became a State .ix 

CHAPTER II. 

The Constitution of the State of Oklahoma—Federal 
Relations—Bill of Rights—Suffrage—Distribution of 
Powers .xvii 


CHAPTER III. 

The Legislative Department .xxiv 

CHAPTER IV. 

The Executive Department .xxx 

CHAPTER V. 

The Judicial Department .xxxv 

CHAPTER VI. 

Impeachment and Removal from Office .xl 


CHAPTER VII. 


xli 


Corporations . 


( vii ) 














CONTENTS 


vm 


CHAPTER VIII. 

Revenue and Taxation—Public Indebtedness . 


CHAPTER IX. 

State School and Other Lands—Homesteads and Exemp¬ 
tions . 


Education 


CHAPTER X. 


CHAPTER XI. 

Banks and Banking—Oath of Office—Public Roads, High¬ 
ways, Internal Improvements—Counties—Municipal 
Corporations. 


CHAPTER XII. 

Various Insurance—Manufacture and Commerce—Public 
Institutions—Alien and Corporate Ownership of 
Lands—Labor. 


CHAPTER XIII. 

Constitutional Amendments . . . . 


CHAPTER XIV. 

Resolution Adopting the Constitution of the United 
States—Prohibition—The Enabling Act. 


xlvii 


lii 


liv 


lix 


lxiii 


lxvii 


lxxiv 







OKLAHOMA AND THE NATION. 


CHAPTER I. 

The Relation of the Federal Government to the Government 
of a State. The first step in studying the form and mode of 
government in a State of the Union may well be the discover¬ 
ing of the relation borne by it to the Federal Government. 

When you come, later-on, to study the story of the forming 
of the Union, the adoption of the Constitution of the United 
States, and the decisions of the Supreme Court under Chief 
Justice John Marshall, you will learn that, very early in our 
history, this question of the relation between the Federal 
Government and the various States gave birth to two great 
political parties (the Federalists and the Republicans) which 
differed widely in opinion. One party, the Federalists, held 
that, by the Constitution, the General Government was 
given supreme authority and that the States were little better 
than provinces in a nation governed by the President and 
Congress. In other words, they believed in a strong central¬ 
ized government at Washington. The other party, the Demo¬ 
cratic-Republican, insisted that the Constitution of the United 
States was intended to be a compact, or agreement, between 
sovereign States, whereby the Federal Government was 
organized for certain specified purposes, with certain powers 
granted to it, while all others were reserved to the States. 

This controversy continues even today in one form or 

(ix) 



X 


OKLAHOMA AND THE NATION 


another. Probably, this is the reason why the Convention 
that framed the Oklahoma Constitution devoted the first 
Article to the subject of Federal Relations. 

Every citizen of Oklahoma ought to read that Article with 
great care, because, since the Constitution was adopted by a 
large majority, it represents the opinion of the people of the 
State. For the present, before discussing the Article fully, 
we will limit our study to the statement of a few general prin¬ 
ciples upon which all citizens agree and concerning which 
there is no debate. 

Those principles, briefly stated, are as follows: Citizens 
of a State, whether born in this country or naturalized, are 
also citizens of the United States, subject to the Constitution 
and governed by the statutes passed by Congress and ap¬ 
proved by the President. Therefore, they are entitled to 
protection by the General Government when lawfully exer¬ 
cising their rights as such citizens whether at home or in 
foreign countries. 

Since, however, each State has its own Constitution, 
legislature, and laws, we are also, if citizens, subjects of 
some one State, bound by its laws, and entitled to protection 
through the various courts and by the officers elected or 
appointed. 

Another point to note carefully is, that the laws of a State 
must be in accordance with the principles of the Constitution 
of the United States. If not, upon proper presentation by 
the person aggrieved to a court having jurisdiction, they 
will be pronounced unconstitutional—that is, contrary to 
the Constitution, and therefore, null and void. 

Let us note, also, that the statutes of Congress relate only 
to those matters which are of interest to the people of every 
State; such as coinage, weights and measures, the army 
and the navy, the mails, and other things bearing upon their 


OKLAHOMA AND THE NATION 


xi 


welfare as citizens of the United States. This occurs under 
the clause of the Constitution granting certain powers— 
either expressed or implied—to the Federal Government. 

The acts of a legislature, on the other hand, affect us 
only as citizens of some one State, having no force beyond its 
borders; while Federal laws are applicable to us as citizens 
of the United States. For instance, a man can be tried for 
treason against the United States only in a Court of the 
United States, because the act is a crime against the General 
Government; but murder and burglary are offences against 
State laws, and the offenders must be tried in State Courts. 

Laws differ, also, in the various States. For example, 
Oklahoma recognizes the right of divorce; South Carolina 
does not. Again, in some States, hanging is the punishment 
prescribed for murder in the first degree; in others, as Kansas, 
life imprisonment in the penitentiary. But offences against 
the United States, in whatever State committed, are punish¬ 
able to the same degree and in the same way. 

State Constitutions and the Constitution of the United States. 
By the Constitution of the United States, the form of govern¬ 
ment in a State must be republican. Hence we find that 
governors, legislators, and many other officers are always 
elected by the people. 

In Oklahoma, the Legislature consists of two bodies—the 
Senate and the House of Representatives. 

The head of the executive department is the Governor, 
whose duty it is to see that all State laws are properly en¬ 
forced, just as it is the President’s to see that the Statutes 
of the United States are executed. 

Congress, consisting of two bodies, a Senate and a House 
of Representatives, is the legislative department of the Federal 
Government. 

Like the United States, again, Oklahoma has a Supreme 


Xll 


OKLAHOMA AND THE NATION 


Court and other inferior courts, presided over by judges who 
interpret and apply the State laws. 

But the Constitution and laws of a State may differ in 
many respects from those of the United States. To illus¬ 
trate: All Federal judges are appointed by the President, 
subject to confirmation by the Senate; in Oklahoma the 
judges are elected by the people. 

Such differences, however, are not important if the great 
principle of republican government—that is, government 
with the consent of the governed—be not violated. Reason 
for these unimportant differences is found in the fact that 
great changes have taken place in political conditions since 
the adoption of the Constitution of the United States. Many 
new States have come into the Union since that time; and, 
in the light of later events, it has been thought wise to omit 
some things, to add others. So, no two States have the same 
Constitution, and their laws differ in many respects, though 
the general underlying principles are the same. The Con¬ 
stitution of Oklahoma is the latest, and many men think the 
best, in its adaptation to the rights and needs of a free 
people. 

Certainly, it is the patriotic duty of every boy and girl 
within her borders to study it, to know it, and to aid in 
carrying out its principles. 

The First Form of Government in Oklahoma. Oklahoma 
was originally a portion of the Louisiana Purchase—a large 
territory lying west of the Mississippi, once claimed by Spain, 
then, later, by France, from which country it was bought for 
about $15,000,000, in the administration of President Jeffer¬ 
son, when Napoleon Bonaparte was Emperor of the French. 
That momentous event occurred in 1803; but not until 1834, 
when Jackson was President, was any attempt made to organ¬ 
ize even the most primitive form of government within 


OKLAHOMA AND THE NATION 


XI11 


the bounds of what is now the great State of Oklahoma. 
In that year the Cherokees were moved westward and our 
present State was organized as Indian Territory and set 
apart for the exclusive use of several tribes of red men. 

Such it remained until, on March 27, 1889, President Ben¬ 
jamin Harrison issued his proclamation granting permission 
to white men to enter, on the 22d of April following, and 
take up lands west of the 97th meridian. A narrow strip on 
the northern edge, just south of the Kansas line, extending 
from Indian Territory to the border of New Mexico, was 
reserved, however, and not made a part of Oklahoma till 
1892. This became known as the “Cherokee Strip,” and 
today is one of the fairest and most fertile portions of the 
State. 

Numerous cities and towns—chief among them Guthrie, 
Edmund, and Oklahoma City—sprang up immediately 
after the opening, and thousands of “claims,” or farms, 
containing each one hundred and sixty acres, were “staked 
off” and, later, “preempted” by settlers. 

Within a very short time these people organized govern¬ 
ments—the cities electing Mayors and other officers. This 
action showed conclusively that they were law-abiding men, 
and that, from the outset, they looked forward to the building 
up of a great State. 

No better evidence of the character of the first settlers can 
be stated than the fact that they immediately made provision 
for the erection of churches and schools. 

A Governor and other officers were appointed by the Presi¬ 
dent, provision made for the election of a Legislature and the 
organization of county and territorial government. Thus, 
under the Statute of Congress known as the “Organic Act,” 
Oklahoma became a full-fledged territory. 

In 190G Congress passed the “Enabling Act,” which ad- 





XIV 


OKLAHOMA AND THE NATION 


mitted Oklahoma as the forty-sixth State of the Union. You 
may like to know, also, that the flag of the Union bearing 
Oklahoma’s star for the first time floated from the dome of 
the Capitol in Washington on March 4, 1908. Subse¬ 
quently, it was presented by the Speaker of the House of 
Representatives, Hon. Joseph Cannon, of Illinois, to Hon. 
Bird S. McGuire, a Congressman from Oklahoma. 

Government in the Territory. While a territory the govern¬ 
ment of Oklahoma was tripartite. The Presidents, from 
1889 till 1907, with the consent of the Senate, appointed, for 
terms of four years, the Governor, the Judges of the Courts, 
the Secretary of the Territory, the United States Marshal, 
and the District Attorney. The qualified electors of the 
various council and representative districts elected the 
Territorial Legislature—consisting of two houses, the 
Council and the House of Representatives. 

Under the “Organic Act,” the legislature was empowered 
to make laws for the government of the Territory; but those 
laws had to be approved by Congress before they could be¬ 
come operative. The various officers of the counties, cities, 
and districts were elected or appointed in accordance with 
the provisions of territorial law. The people could not vote 
for Presidential electors nor United States Senators. They 
could, however, elect one Delegate to Congress, who was 
given the right to debate matters pertaining to the Territory, 
but not to vote. 

The Territory was divided into judicial districts, and given 
a Supreme Court and three district Judges. All processes 
issued from the Territorial courts were executed by the 
United State Marshal, who was in effect High Sheriff of the 
Territory. The Attorney for the Territory was an officer 
of the United States, and his duties were very similar to those 
of a State’s Attorney. The salaries of all Territorial officers 


OKLAHOMA AND THE NATION 


xv 


appointed by the President were paid from the treasury of 
the United States, and Congress annually made an appropria¬ 
tion to pay the expenses of the Territorial Legislature. 

From the preceding, you will see that people in a Territory 
are denied many of the rights possessed by the citizens of a 
State, and understand why Oklahoma was so anxious to be¬ 
come a self-governing State. 

How Oklahoma Became a State. The Territorial delegate 
presented to Congress a petition for statehood which had 
been drawn up by the Legislature. That petition was re¬ 
ferred to the committee upon Territories. That committee 
drew up and presented a bill to Congress, which, when passed 
and approved, became the Enabling Act providing for the 
admission of the Territory as a State. This Enabling Act 
defined the boundaries of the proposed State, determined the 
name, and required the qualified voters to elect delegates to 
a Convention which should prepare a Constitution. It 
also specified that the Constitution should be republican in 
form, in harmony with the Constitution of the United States 
and with the Declaration of Independence, and contained 
some other provisions deemed necessary by Congress. In 
accordance therewith, delegates were elected to meet in 
Guthrie in 1907, in order to prepare this Constitution. 
After the Constitution was completed, it was submitted to 
the voters for ratification on September 17, 1907. Having 
been approved by a large majority, a statement to that effect, 
together with a copy of the Constitution, was sent by the 
Governor to the President, who, finding that the provisions 
of the Enabling Act had been complied with, issued a 
proclamation declaring the State admitted to the Union on 
November 16, 1907. 

On that day, the first Governor of the State, Hon. Charles 
N. Haskell, of Muscogee, was inaugurated in Guthrie. He 



XVI 


OKLAHOMA AND THE NATION 


and other State officers, together with the Legislature, had 
been elected on September 17, the day the Constitution was 
ratified. The first Legislature met in Guthrie, January, 1908, 
and proceeded immediately to frame laws for the government 
of the new State. 

In the following chapters we will study the Constitution 
in detail—taking up in order the various Articles, of which 
there are twenty-four, not counting the Resolution of Adop¬ 
tion and the Article submitting the question of Prohibition 
to a separate vote of the people. 


CHAPTER II 


THE CONSTITUTION OF THE STATE OF OKLAHOMA. 

The Preamble. The preamble is an important part of the 
Constitution. It gives briefly the reasons for establishing 
the Constitution, aids in arriving at a clear understanding 
of the various Articles, and guides courts to proper decisions 
as to the meaning and application of its provisions. In one 
short paragraph, after invoking the guidance of Almighty 
God, the preamble ordains and establishes the Constitution 
in the name of the People, and states that its purposes are 
to secure and perpetuate liberty, to secure just and rightful 
government, and to promote mutual welfare and happiness. 


ARTICLE I.—FEDERAL RELATIONS. 

This Article declares the State an inseparable part of the 
Union, the Constitution of the United States the supreme 
law, provides for perfect toleration of religious sentiment 
and freedom of worship, and forever prohibits polygamy. 
All title is disclaimed to any unappropriated lands in the 
State, and to those held by Indians. Equal taxation with 
citizens of Oklahoma is guaranteed upon real estate to citizens 
of other States, no tax can ever be imposed by the State upon 
lands or property of the United States, and the debts of the 
Territory are assumed. 

Provision is made for the establishment and maintenance 

(xvii) 





XV111 


OKLAHOMA AND THE NATION 


of non-sectarian free public schools, and the State is pledged 
never to restrict or abridge the right of suffrage on account 
of race, color, or previous condition of servitude. 

The last section prohibits the manufacture, sale, barter, 
or giving away of intoxicating liquors for twenty-one years 
from November 16, 1907. Under certain conditions, the 
Legislature may establish agencies for the sale of liquor and 
denatured alcohol, to be used for medicinal, industrial, and 
scientific purposes. 


ARTICLE II.—BILL OF RIGHTS. 

By this Article all political power is declared inherent in 
the people, and government instituted for their protection and 
benefit. They have the right to alter or reform the govern¬ 
ment whenever required by the public good, provided the 
change be not repugnant to the Constitution of the United 
States. 

The right of peaceable assembly by the people and that 
of petition or remonstrance is guaranteed. No power can 
ever prevent the exercise of the right of suffrage by qualified 
voters, and no public money can be appropriated for sectarian 
use. 

The courts must be open to all, remedy afforded for every 
wrong or injury, and justice administered honestly and 
promptly. No one may be unlawfully deprived of life, liberty, 
or property; and the right to reasonable bail, except in certain 
cases, is guaranteed. Excessive fines may not be imposed, 
unusual punishments inflicted, nor the writ of habeas corpus 
ever suspended. 

All officers must give personal attention to the duties of 
their offices; no member of Congress or person holding an 


THE CONSTITUTION OF STATE OF OKLAHOMA x ix 

office of trust or profit in another State or of the United 
States may hold an office of trust or profit in Oklahoma. 

Imprisonment for debt is prohibited, except for fines and 
penalties in violation of law. 

The military must be held subordinate to civil authority; 
and no soldier may be quartered in any house, in time of 
peace, without the owner’s consent, nor even in time of war 
except as prescribed by law. 

Bills of attainder, ex post facto laws, and laws impairing the 
obligation of contracts can never be passed by the Legis¬ 
lature, nor any one made to suffer in any way for the treason 
of a parent. To convict of treason requires the testimony 
of two witnesses or confession in open court. 

Cases of felony or misdemeanor before courts of record 
may not be prosecuted until after presentment, indictment, 
or information. When information has been laid, the accused 
is entitled to a preliminary examination before a Magistrate. 
In courts not of record, prosecutions may be instituted upon 
a complaint which has been properly sworn to. 

Grand juries, consisting of twelve men, may be called by 
the Judge of a court or demanded through a petition of 
one hundred taxpayers. Their duty is to investigate all cases 
of crime, and return indictments if deemed necessary. At 
least nine of the twelve members must concur in the indict¬ 
ment. 

Trial by jury is guaranteed. In county courts and courts 
not of record the jury must consist of six men; in others, of 
twelve. In civil cases, and criminal cases less than felonies, 
a verdict may be rendered upon the vote of three-fourths of 
the jury; in others, the jury must be unanimous. In criminal 
prosecutions, the jury is drawn from the county in which the 
crime was committed; but, under certain conditions, the 
trial may be moved to another county. The rights of the 


XX 


OKLAHOMA AND THE NATION 


accused are carefully guarded. He must have a copy of the 
accusation, be confronted with the witnesses, and have com¬ 
pulsory process for obtaining witnesses. He also has the 
right to be heard in defence either in person or through his 
counsel. In a trial, one may refuse to give evidence that 
would incriminate himself except under certain conditions. 
After acquittal by a jury, no one may be tried again for the 
same offence. 

The right of free speech, either orally, in writing, or in 
print, is guaranteed; but everyone is responsible before the 
law for its proper exercise. 

Private property may never be taken or damaged except 
for purposes of necessity, and then only with compensation 
to be ascertained by a Board of Commissioners after notice 
to the parties interested. Any party aggrieved has the right 
of appeal to a court and to trial by jury. Land taken by 
common carriers (such as railways) for right of way is 
subject only to the use for which it is taken. 

Contempt of court is made a matter of definition by statute, 
and trial by jury must be granted if the person accused was 
not within the hearing of the court. In all cases opportunity 
to be heard must be given before penalty or punishment can 
be imposed. 

The right of a citizen to keep or bear arms, under proper 
conditions, can never be prohibited; but the Legislature may 
regulate the carrying of weapons. 

No witness may be excused on the ground that his evidence 
might incriminate himself, but he is free from prosecution or 
penalty for the matter concerning which he has testified. 

The records, books, and files of all corporations are subject 
at all times to inspection if demanded by the State. 

No person may ever be transported out of the State without 
his consent except by due process of law. This, however, 


THE CONSTITUTION OF STATE OF OKLAHOMA X xi 

does not effect the operation of extradition laws nor the 
transportation of criminals to other States for incarceration. 

The right of search upon suspicion is carefully restricted. 
Such right can be exercised only upon warrant for probable 
cause, supported by oath or affirmation. 

The State may engage in any occupation or business for 
public purposes except agriculture; and in that for educational 
and scientific purposes or for the support of penal, charitable, 
and educational institutions. 

Perpetuities and monopolies are declared contrary to the 
public welfare, and shall never be allowed. Nor may the law 
of primogeniture or entailment ever be enforced in the State. 

The last section wisely declares that the enumeration in this 
Constitution of certain rights shall not be construed to deny or 
impair others retained by the people. 


ARTICLE III.—SUFFRAGE. 

Qualified electors in Oklahoma must be male citizens of 
the United States and of the State, or males of Indian descent 
born in the United States, over twenty-one, after a residence 
of one year in the State, six months in the county, and in the 
election precinct thirty days next preceding the election. 

Felons, unless citizenship has been restored; persons 
living in poor-houses or other asylums at public expense, 
except Federal or Confederate ex-soldiers; persons confined 
in public prisons; idiots, and lunatics are not permitted to 
vote. Members of the regular army or navy of the United 
States may not vote unless citizens of the State. 

Female citizens, possessing qualifications similar to those 
of male electors, may vote at school elections or meetings. 

Election boards,with only a majority from the same political 


XXII 


OKLAHOMA AND THE NATION 


party, must be created by the Legislature; and it shall provide 
also for the time and manner of holding and conducting all 
elections. 

A mandatory primary system must be provided for by the 
Legislature, at which candidates for all offices of all parties 
including United States Senators, must be nominated. Any 
non-partisan candidate may be placed on the ballot by peti¬ 
tion. 

Voting at all elections must be by ballot, under rules and 
regulations prescribed by the Legislature. The Legislature 
may also prescribe for registration of voters when necessary, 
and then no one be permitted to vote unless registered. 

All elections shall be free, without interference by civil or 
military power. Electors may, however, be arrested at the 
polls or while going to or from the same for treason, felony, 
or breach of the peace. 


ARTICLE IV.—DISTRIBUTION OF POWERS. 

All governments must have three distinct powers: 1st, 
to make laws; 2d, to carry out laws; 3d, to interpret 
laws and apply them to individual cases. In constitutional 
government they are given to different persons. Therefore, 
in Oklahoma, we find three separate departments of govern¬ 
ment: the Legislative; the Executive; the Judicial. 

The Different Departments not Always Separable. The three 
powers of government are entirely distinct and, in theory, 
in the hands of entirely different persons. In practise, 
however, it has been thought convenient and wise for some 
officials to be connected with more than one department. 
To illustrate: Granting to the Governor the right to approve 
or to veto laws clothes him with some manner of legislative 


THE CONSTITUTION OF STATE OF OKLAHOMA 


XXlll 


power; the Senate, having the power to confirm or reject 
appointments, has executive as well as legislative power; 
the Legislature exercises judicial power in cases of impeach¬ 
ment; and when the judges of the courts direct the execution 
of laws they partake somewhat of the executive department. 


CHAPTER III. 


ARTICLE V.—THE LEGISLATIVE DEPARTMENT. 

Initiative and Referendum. In Oklahoma, as in the other 

States, the power to make laws is vested in two houses, 
the Senate and the House of Representatives. But, unlike 
nearly every other State of the Union, the right to propose 
laws and, also, amendments to the Constitution, and to enact 
or reject the same at the polls, independent of the Legislature, 
is reserved to the people themselves. 

This is a great safeguard against unwise or hasty lesisla- 
tion, and an admirable means for preserving the rights and 
liberties of the people, as well as for giving expression to their 
wishes. 

The right to propose legislation is known as the 
Initiative', the right to enact or reject is known as the 
Referendum. 

Under the Initiative, eight per cent, of the qualified electors 
may propose any legislative measure; fifteen per cent, may 
propose amendments to the Constitution. 

The Referendum may be ordered (except as to laws neces¬ 
sary for the immediate preservation of the public peace, 
health, or safety) by five per cent, of the legal voters or by 
the Legislature itself. This per cent, in each case is to be 
calculated upon the total vote cast at the last general election 
for the State officer receiving the highest number of votes. 
These rights are exercised through petitions filed with the 
Secretary of State and addressed to the Governor, who must 

(xxiv) 


THE LEGISLATIVE DEPARTMENT 


xxv 


submit them to the people. If approved by the people, the 
measures asked for become laws, and can not be vetoed by 
the Governor. 

The Referendum may be demanded not only against 
complete acts, but also against one or more items, sections, 
or parts. 

The power of Initiative and Referendum may be demanded 
by the people of a county or district with respect to all local 
Legislation, as well as by the voters of the State at large with 
respect to general laws. 

If the Initiative or Referendum be invoked upon Legisla¬ 
tion affecting only a county or a district, the necessary 
number of petitioners shall equal twice the ratio prescribed 
in the case of general laws, and the Boards of County Com¬ 
missioners may set the date. 

No rejected measure can be proposed again within three 
years, except upon petition of twenty-five per cent, of the 
legal voters. 

The right of the Legislature to pass or repeal laws is, how¬ 
ever, in no wise affected. 

The Senate. This body shall consist of not more than 
forty-four members, holding office for four years. But one 
Senator from each even-numbered district shall hold office 
only until the fifteenth day after the regular State election in 
1908; and one from each odd-numbered district until the 
same time after a similar election in 1910. 

If a district elect two Senators, they must cast lots to de¬ 
termine which shall hold the long term and which the short 
term. Each Senatorial district must contain as near as may 
be an equal number of inhabitants, be in a form as compact 
as possible, and consist of contiguous territory. 

A county or a city may have more than one Senator, since 
the districts are apportioned according to population. 


XXVI 


OKLAHOMA AND THE NATION 


The House of Representatives. The House of Representa¬ 
tives shall consist of not more than one hundred and nine 
members, until otherwise provided by law, who shall hold 
office for two years. The members chosen at the first elec¬ 
tion, however, hold office only until the fifteenth day after 
the regular State election in 1908. 

Senators and Legislators at large may be elected under 
certain conditions, and the apportionment for members of 
each house shall be made at the first session of the Legislature 
after each decennial Federal census. No county may have 
more than seven representatives, the number of inhabitants 
in each district shall be as nearly equal as possible, and an 
apportionment by the Legislature shall be subject to review 
by the Supreme Court at the suit of any citizen. 

Legislative Apportionment. Careful provision is made in 
sections eleventh to sixteenth, inclusive, for division of the 
State into Senatorial and Legislative districts, to stand until 
apportionment is made by the Legislature after the next 
Federal decennial census (1910). 

Qualifications and Rights of Members. Members of the 
Senate shall be at least twenty-five years of age at the time 
of election; of the House of Representatives, twenty-one. 
They must be qualified electors in their respective counties or 
districts, and must reside in them during their term of office. 

No officer of the United States or of the State, receiving 
pay as such, may serve as a member of the Legislature, nor 
shall anyone who has been adjudged guilty of a felony be 
eligible to election. 

No member expelled for corruption may ever again be 
eligible, and punishment of a member by the Legislature 
does not bar indictment before the courts. 

In case of vacancies, the Governor shall issue writs of 
election. The compensation of members is six dollars a 





THE LEGISLATIVE DEPARTMENT X xvii 

day during the session; and, for expenses in going to and 
returning from the place of meeting, they are allowed ten 
cents for every mile of necessary travel over the most usual 

•> t/ 

route. After the first session held under this Constitution, 
the pay is reduced to two dollars a day should the sitting 
be prolonged beyond sixty days. 

No member of either house may be arrested, except for 
treason, felony, or breach of the peace, during the session 
or while going to or returning from the same, nor may he be 
questioned in any other place for anything said in speech or 
debate. 

The Constitution also provides that no member of the 
Legislature may take another office during the term for which 
he was elected. Nor may a member hold any office created 
in his term or one the emoluments of which have been 
increased during his term. Members are also debarred from 
interest in State contracts authorized during their terms. 

Members personally or privately interested in any measures 
before the Legislature must disclose the fact, and must not 
vote on such measures. 

Sessions of the Legislature. The Legislature of Oklahoma 
has a regular session but once in two years. This session 
begins on the first Tuesday after the first Monday in January 
next succeeding their election, or upon such other day as 
may be provided by law. The first session under the 
Constitution was limited to one hundred and sixty days. 
The Governor may call special sessions. 

Organization and Rules. The Lieutenant-Governor is the 
presiding officer in the Senate, but another member may 
be elected President pro tempore, whose duty it is to preside 
in the absence of the Lieutenant-Governor. The Senate 
also elects its standing committees. 

The House of Representatives elects some member speaker. 


XXV111 


OKLAHOMA AND THE NATION 


Each house is the judge of the election and qualifications of 
its members, and, by a two-thirds’ vote, may expel. 

Each house must keep a journal of its proceedings, and 
neither can adjourn for more than three days without consent 
of the other, nor may they meet in different places. 

No special or local laws may be considered unless notice of 
intended introduction has been published for five consecutive 
weeks in a weekly newspaper circulating in the city or county 
to be affected by such law. 

All revenue bills must originate in the House of Representa¬ 
tives, but are subject to amendment in the Senate. 

Every bill must be read on three different days in each 
house; and, on the third reading, must be read in full. Upon 
final passage, the yeas and nays must be entered upon the 
journal. 

All bills and joint resolutions passed must be signed by the 
presiding officer of each house in the presence of the house. 

Powers and Duties of the Legislature. The authority of the 
Legislature extends to all rightful subjects, and may not be 
restricted. The following powers are specifically granted: 
The right to establish a State printing plant; to provide for 
a geological and economic survey; to create Boards of Health, 
of Dentistry, of Pharmacy, and a Pure Food Commission; to 
provide for the organization and maintenance of the militia; to 
authorize the pensioning of firemen; to punish contumacious 
or disobedient witnesses in any legislative investigation; 
to provide for the revision and promulgation of statutes; to 
define what is an unlawful combination, trust, or monoply, 
and enact laws to punish those engaged therein; and to pass 
such laws as may be necessary for carrying the Constitution 
into effect. 

Limitations upon the Legislature. These are too numerous 
to mention here. In general, it may be said that the Legis- 










THE LEGISLATIVE DEPARTMENT 


xxix 


latlire can pass no special laws which would affect the right 
or liberty of the citizens of Oklahoma unless such power is 
granted by the Constitution. (See sections 46th to 53d, 
inclusive.) 

Miscellaneous Provisions. These relate to the effect of re¬ 
pealing statutes, payment of money out of the State Treasury, 
the method of appropriating money, the form and substance 
of bills before the Legislature, the dates when statutes shall 
take effect, the passage of emergency laws, and the establish¬ 
ment of a system of checks and balances for the safe-guarding 
of public collections and disbursements. 



CHAPTER IV. 


ARTICLE VI.—THE EXECUTIVE DEPARTMENT. 

The executive authority is vested in a Governor, Lieutenant- 
Governor, Secretary of State, State Auditor, Attorney- 
General, State Treasurer, Superintendent of Public Instruc¬ 
tion, State Examiner and Inspector, Chief Mine Inspector, 
Labor Commissioner, Commissioner of Charities and Cor¬ 
rections, Commissioner of Insurance, and such other officers 
as may be provided by law, all of whom must keep their 
offices and records at the seat of government. 

The Supreme Executive is “The Governor of the State of 
Oklahoma.” 

Eligibility to Office. No person shall be eligible to the first 
eight offices named except a male citizen of the United States, 
not less than thirty years old, who shall have been a quali¬ 
fied elector in the State for the three years next preceding his 
election to such office. 

Terms of Office. The term of office shall be four years for 
the Governor, Lieutenant-Governor, Secretary of State, State 
Auditor, Attorney-General, State Treasurer, State Examiner 
and Inspector, and Superintendent of Public Instruction, 
nor shall the Governor, Secretary of State, State Auditor, 
and State Treasurer be eligible immediately to succeed them¬ 
selves. 

Election Returns. These must be sent to the Secretary of 
State, who transmits them to the Speaker of the House, where 
they are opened and published immediately after organization. 

( XXX ) 




THE EXECUTIVE DEPARTMENT 


xxxi 


In case of a tie for any elective State office, the Legislature 
chooses by joint ballot. 

The Governor. 

The Governor is commander-in-chief of the militia, except 
when it be in the service of the United States, and he may 
call out the same when necessary. 

Convening the Legislature. The Governor may call the 
Legislature, or the Senate alone, in extra session upon extraor¬ 
dinary occasions; but no subject may be acted on except 
that recommended by him. 

Execution of Laws. It is the especial duty of the Governor 
to see that the laws of the State are faithfully executed, and 
to conduct all business between the State and other States or 
the United States. He is also the State conservator of peace. 

Message, Recommendations, Communications to Legislature. 
It is the duty of the Governor to send a message to each Legis¬ 
lature containing recommendations for the government 
and welfare of the State, and he must also transmit to them 
full reports of all State officers and commissions. 

Pardons, Commutations, and Paroles. Power is granted 
the Governor to pardon or parole an offender against law, 
or to commute a sentence, except in cases of impeach¬ 
ment; but full information concerning each case must be 
laid before the Legislature. 

Signing or Vetoing Bills. Every bill or resolution that 
passes both houses must be signed or vetoed by the Chief 
Executive. In case of veto, he must return the measure to 
the house in which it originated and state his objections, which 
must be entered upon the journal. It requires a two-thirds’ 
vote in each house of all members elected to over-rule the 
Governor’s veto. 

The Governor must, however, exercise his veto power 






• • 


OKLAHOMA AND THE NATION 


xxxii 

within five days (Sundays excepted) after the measure has 
been presented to him; otherwise, it becomes a law without 
his signature. If, however, return be prevented through 
adjournment of the Legislature, the law fails unless the 
Governor signs the bill; and he must sign it, if at all, within 
fifteen days. 

Appropriation Bills. The Governor is given the right to 
veto these bills as a whole or any distinct item therein. Should 
he veto any item, the same rules of procedure will hold as in 
the case of a general veto. 

Commissions to Officers. All commissions must be signed 
by the Governor, unless otherwise provided, they must run 
in the name of the State, be sealed with the Great Seal, and 
attested by the Secretary of State. The Governor, further, 
has the right to fill all vacancies unless otherwise provided 
for. 

Adjournment of the Legislature. In case of disagreement 
between the two houses as to time of adjournment, the 
Governor may, if the facts be certified by the presiding 
officer of the house first moving adjournment, order adjourn¬ 
ment to such time as he may think proper, provided it be not 
beyond the day of the next stated meeting. He may call the 
meeting at, or adjourn it to, another place than the Capital 
when public safety demands; but such action must be agreed 
to by a two-thirds’ vote of all members elected to each house. 

Lieutenant-Governor. 

Qualifications. The same qualifications are required as 
for the office of governor. He is president, ex-officio, of the 
Senate; but has only a casting vote. In case the offices 
of both Governor and Lieutenant-Governor be vacant, the 
President of the Senate pro-tempore succeeds; and should he 
die or become incapable, the Speaker of the House succeeds. 





THE EXECUTIVE DEPARTMENT 


• • • 


XXXlll 

Should the Governorship be vacant, the Lieutenant- 
Governor succeeds and receives the compensation. 

Secretary of State. 

Duties. He must keep a register of the official acts of the 
Governor, attest them when necessary, lay copies of all 
papers relative thereto before either house of the Legislature, 
and perform such other duties as may be prescribed by law. 

He is also custodian of the Great Seal of the State. 

State Examiner and Inspector. 

Qualifications. He must have had at least three years’ 
experience as an expert accountant. 

Duties. He must examine the books and accounts of all 
State and county treasurers at least twice a year, and publish 
a full report once each year. He must also prescribe a 
uniform system of bookkeeping for the use of all treasurers. 

Commissioner of Labor. 

Term and Duties. His term shall be four years and his 
duties shall be prescribed by law. He is also ex-ofjicio 
Chairman of the Board of Arbitration. 

Insurance Commissioner. 

Duties and Term. He must execute all laws relative to 
insurance. He shall hold office after election for four years. 
He must be twenty-five years of age, give bond, perform such 
duties, and possess such qualifications as the Legislature may 
prescribe. 




XXXIV 


OKLAHOMA AND THE NATION 


Chief Mine Inspector. 

Term and Qualifications. Elected for four years. He must 
have had eight years’ actual experience as a practical miner, 
must give bond, and perform such duties as may be prescribed 
by law. Assistant Inspectors may be appointed or elected. 

Commissioner of Charities. 

Term and Qualifications. The term shall be four years. 
The Commissioner may be of either sex, shall be twenty- 
five years of age, and possess the same qualifications that 
are required of the Governor. 

Duties. He must investigate and report upon the entire 
system of public charities and the condition and management 
of all prisons, almshouses, reformatories, industrial schools, 
hospitals, dispensaries, and asylums which are supported 
wholly or in part by the State, a county, or a municipality. 

Power to summon witnesses and take testimony is granted. 
Full report must be made to the Legislature through the 
Governor. 

Board of Agriculture. 

Powers and Duties. This Board shall be composed of 
eleven farmers, who shall have jurisdiction over all matters 
affecting animal industry and quarantine regulations and be 
the board of regents for all agricultural and mechanical 
colleges. 

Commissioners of the Land Office. 

Duties. The Governor, Secretary of State, State Auditor, 
State Superintendent of Public Instruction, and President of 
the Board of Agriculture constitute this Board, which has 
charge of all school and public lands and funds arising 
therefrom. 

Seal of the State. 

This is fully described in section thirty-fifth. 


CHAPTER V. 


ARTICLE VII.-THE JUDICIAL DEPARTMENT. 

The Judicial Power. This is vested in the Senate, sitting 
as a court of impeachment, a supreme court, district courts, 
county courts, justice courts, municipal courts, and such 
others as may be established by law. 

The Supreme Court. 

Powers and Duties. The appellate jurisdiction is co¬ 
extensive with the State, and covers all civil and criminal 
cases until a criminal court of appeals shall have been estab¬ 
lished. (This criminal court was established in 1908, by 
the first Legislature.) 

The Supreme Court has power to issue all necessary remedial 
writs, and each justice of the court has power to issue writs 
of habeas corpus. 

Constitution and Election. This court shall consist of five 
justices, unless the number be changed by law, who shall 
be elected from respective districts. A majority constitutes 
a quorum., 

To be eligible, a man must be a citizen of the United States; 
must have been a resident of the State for two years, and of 
the district from which he is elected for one year. He must 
be thirty years of age, and have been a licensed lawyer or 
judge of some court of record for at least five years. 

(XXXV) 



XXXVI 


OKLAHOMA AND THE NATION 


Terms. The terms run for six years, and, in case of vacancy, 
the Governor appoints until the next general election for 
State officers. 

Sessions. The sessions must be held at the seat of govern¬ 
ment, at such dates and for such time as the court may deter¬ 
mine until fixed by the Legislature. In each case, a written 
opinion must be rendered within six months after submission. 

Chief Justice. At the first session of the Supreme Court 
under the Constitution, the justices elected the Chief; but, 
thereafter, the law made other provision, which may be found 
in Section Sixth of this article. In the same section, pro¬ 
vision is made for expiration of terms through drawing lots. 
After the first election, the justices shall be elected at the 
general biennial election next preceding the beginning of 
their terms. 

Clerk of the Supreme Court. 

Election. At each election for Governor, a clerk of the 
Supreme Court shall be elected, who shall be at least twenty- 
five years of age and a qualified elector. He must give 
bond for faithful performance of duty. 

District Courts. 

Number. The State is divided into twenty-one judicial 
districts, from each of which a judge is elected except in the 
thirteenth, in which two judges are chosen. 

Qualifications of Judges. They must be citizens of the 
United States, must have been residents of the State for two 
years and of the district one year, licensed lawyers or judges 
of some court of record, or both, for four years next preceding 
election, must reside in the district during term of office, 
and be twenty-one years of age at date of election. 


THE JUDICIAL DEPARTMENT 


• • 


XXXV11 

Terms of Court. Regular terms shall be held in each organ¬ 
ized county at least twice a year, the date and duration to be 
fixed by the Supreme Court until otherwise ordered by the 
Legislature. 

Beginning in 1911, the judges shall be elected at the general 
election next preceding the commencement of their terms of 
office. 

Vacancies. In case of illness or disability, the Chief Justice 
may designate any other district judge in the State to hold 
court in lieu of the elected judge. When the public business 
requires, the same officer may appoint any district judge to 
hold court in any district, and two or more district judges 
may sit in any district separately at the same time. In case 
of disqualification of any judge, the parties concerned may 
agree upon a judge pro tempore. If they cannot agree, 
the members of the bar present at the term, at the request 
of either party, may elect a judge pro tempore. If no election 
be had, the Chief Justice shall designate some other district 
judge to try such case. 

Jurisdiction. The district courts have original jurisdiction 
in all cases, civil and criminal, except where exclusive juris¬ 
diction is conferred by law upon some other court, and such 
appellate jurisdiction as is granted by the Legislature. They 
have power to issue all writs necessary to execute their orders, 
judgments, or decrees. They are also courts of naturaliza¬ 
tion. 

County Courts. 

Judges. One is elected for each county until 1911; and, 
thereafter, at each biennial election for a term of two years. 

Qualifications of Judges. The county judge must be a 
qualified voter, resident of the county at time of election, and 
a lawyer licensed to practise. 



OKLAHOMA AND THE NATION 


xxxviii 

Jurisdiction. The jurisdiction of the county court extends 
over only the county in all probate matters, and has con¬ 
current jurisdiction with the district court in civil cases not 
exceeding One Thousand Dollars. But it has no jurisdiction 
in cases of malicious prosecution, of divorce, in actions against 
officers for misconduct in office, in actions of slander or libel, 
nor in cases of contracts relative to the sale of real estate, 
in matters concerning the titles or boundaries of land, nor 
to order partition or sale of real estate in actions not arising 
under its probate jurisdiction. 

The appellate jurisdicton runs over the judgments of 
Justices of the Peace, concurrent jurisdiction with that of 
said justices in misdemeanor cases, and exclusive jurisdiction 
over misdemeanors when said justices have not jurisdiction. 

Should the district judge be absent or disqualified, the 
Judge of the County Court may issue writs of injunction and 
all others necessary to enforce its own jurisdiction; similarly, 
writs of habeas corpus when the offence charged is within 
its own jurisdiction or that of any inferior court. 

Vacancies. Should the County Judge be disqualified in 
any case, a judge pro tempore may be selected as in the case 
of Judges of the District Court. 

Special Duties. The special duty of the County Judge is 
to sit as a Probate Court (Vide Section Thirteenth), and, in 
general, he must hold court at the County Seat. 

Appeals. Appeals to the County Court may be taken from 
decisions of Justices of the Peace, and appeals from the 
County Courts go direct to the Supreme Court, except in 
cases arising under its probate jurisdiction, which shall 
lie to the District Courts. 

County Courts exercise the jurisdiction of examining and 
committing magistrates in criminal cases. 


THE JUDICIAL DEPARTMENT 


xxxix 


Justices of the Peace. 

Powers and Duties. These officers have power in the county 
as examining and committing magistrates in cases of felony, 
concurrent jurisdiction with county courts in civil cases when 
the amount involved does not exceed Two Hundred Dollars, 
exclusive of interest and costs, and in all misdemeanor cases 
when the fine does not exceed Two Hundred Dollars or im¬ 
prisonment in the County jail for not more than thirty days, 
or both such fine and imprisonment. They have no juris¬ 
diction in cases of libel or slander. In cities of more than 
twenty-five hundred inhabitants, two justices are elected. 
All justices are conservators of the peace throughout the 
State, as are all judges. 

In all issues of fact before any court, the parties may waive 
trial by jury and leave the decision to the Judge or Justice. 

Judicial Apportionment. 

The sections relative to this matter are numbered twenty 
second to twenty-fifth inclusive, and may be omitted here. 











CHAPTER VI. 


ARTICLE VIII.—IMPEACHMENT AND REMOVAL FROM OFFICE. 

Impeachment. The Governor and all elective State officers 
are subject to impeachment for wilful neglect of duty, cor¬ 
ruption in office, habitual drunkenness, incompetency, or 
any offense involving moral turpitude while in office. 

Removal. The Legislature may provide manner and 
causes of removal of all elective officers not liable to impeach¬ 
ment. 

Mode of Impeachment. The Senate is the Court of Impeach¬ 
ment; and, during trial, shall be presided over by the Chief 
Justice or one of the associate justices of the Supreme Court 
if he be absent or disqualified. Should all the members of 
said Court be absent or disqualified, or in case of the impeach¬ 
ment of any one of them, the Senate elects one of its own 
members as presiding officer. The House of Representa¬ 
tives presents all impeachments. Every Senator is placed 
on oath or affirmation, and a two-thirds’ vote of all present 
is necessary to convict. 

Effect of Impeachment. Conviction brings about removal 
from office. This does not prevent punishment by the 
Courts on charges growing out of the same matter. 


(xl) 


CHAPTER VII. 


ARTICLE IX.-CORPORATIONS. 

Definition. The term “corporation/’ or “company,” 
includes all associations or joint stock companies having any 
power or privilege not possessed by individuals, but does not 
include municipal corporations owned or controlled by the 
State. The term “charter” means the charter of incorpora¬ 
tion; “license,” the authority under which all foreign cor¬ 
porations are permitted to do business. 

Railroad and Public Service Corporations. 

Powers and Duties. Railroads, oil-pipe, car, express, 
telephone, and telegraph associations may construct and 
operate lines within the State, intersect, connect with, or cross 
any other lines. 

Railway and express companies must receive and trans¬ 
port each other’s business without delay, under regulation 
of law. 

All oil-pipe companies are subject to the reasonable control 
of the corporation commission, and must receive and trans¬ 
port each other’s business as regulated by law. The same 
holds for telegraph and telephone companies. 

Railways are public highways, and, in common with all 
other public service corporations, must maintain a public 
office in the State, where books shall be kept giving full infor¬ 
mation as to their officers and business. The directors must 

(xli) 




xlii OKLAHOMA AND THE NATION 

hold at least one meeting annually in the State, and make, 
annual report to the corporation commission. 

The property of all corporations is liable to execution and 
sale, as in the case of individuals. 

No public service corporation may consolidate its stock 
with, or in any way control, any other corporation owning or 
controlling parallel or competing lines except through legis¬ 
lative permission. 

The right to operate street railways requires the consent 
of the local authorities. 

Railway companies are forbidden to transport commodities 
owned or controlled by them, except those intended for their 
own use as common carriers. 

The giving of free passes or free transportation is forbidden 
to all transportation companies, with certain exceptions, which 
may be found in Section Thirteenth. 

No railway may pass within four miles of a county seat 
without establishing a station there unless prevented natura 
loci. 

Corporation Commission. 

How Constituted. This commission consists of three persons 
elected by the people, who shall hold office for six years. 
Vacancies shall be filled by the Governor. 

Qualifications. They must have been resident citizens of 
the State for over two years next preceding election, be quali¬ 
fied voters, not less than thirty years of age, not interested, 
directly or indirectly, in any corporation or company over 
which they may have control or supervision, hold no other 
office, and no commissioner may engage in any business 
inconsistent with his duties as such. Each commissioner 
must take the oath of office prescribed by law. 

Powers and Duties. The Commissioners must supervise, 
regulate, and control all transportation companies doing 



CORPORATIONS 


xliii 


business in the State, correct all abuses, and prevent unjust 
discriminations. They shall prescribe such rates, charges, 
and classifications as may be just and reasonable, and they 
have the right to inspect the books and papers of transporta- 
tion companies and to demand all necessary reports and 
statements. 

The transportation companies, however, are given a right 
to a hearing before publication of the Board’s decisions or 
acts. 

Organization. They shall elect one of their number 
Chairman, and appoint a Secretary. A majority constitutes 
a quorum. 

Right of% Appeal. Should any corporation or person feel 
aggrieved by any decision or act of the Commission, an appeal 
may be taken to the Supreme Court. Under certain condi¬ 
tions, the State also has right of appeal. (See Section 
twentieth.) 

Should the Supreme Court reverse an order of the Com¬ 
mission affecting the rates, charges, or classification of traffic 
of any transportation company, it shall substitute such order 
as the Commission, in the Court’s opinion, should have made. 

Annual Reports. The Commission is required to make 
an annual report to the Governor, submitting such recom¬ 
mendations for legislation as it may deem wise or expedient. 

Railway Companies. They must provide adequate, com¬ 
fortable, and clean depot buildings at every station for the 
accommodation of passengers, and suitable buildings for 
handling and storing freight. 

A railway company seeking to cross the track of another 
at grade must protect such crossing with safety devices desig¬ 
nated by the Corporation Commission. 

Inspection of Books and Papers. The Commission or its 
agents may at any time inspect and examine the books and 


xliv 


OKLAHOMA AND THE NATION 


papers of any railway company, and may examine any 
agent, officer, or employee relative to the business of the 
company. Refusal to permit such inspection or examina¬ 
tion is punishable by fine. 

Publication of Financial Conditions. The Commission shall 
make a full and detailed public record of past expenses, 
present indebtedness, amounts paid in salaries to officers and 
in wages of employees of all railway and public service cor¬ 
porations doing business in the State. This information 
must, also, be printed in the Annual Report of the Commission. 

Rates and Charges of Transportation and Transmission 
Companies. In general, the Commission has power to super¬ 
vise, control, and regulate all unjust or unreasonable rates 
and charges of such companies, and to enforce its orders 
through legal procedure. 

Switches and Side Tracks. The Commission may require 
a railway to supply these when the amount of business done 
by any person, firm, or corporation is, in its judgment, suffi¬ 
cient to justify the same. Refusal to obey the order of the 
Commission subjects the railway company to a heavy fine. 

Definitions. The terms “ transportation company,” “ rate,” 
“charges,” etc., are defined in Section Thirty-fourth. 

Fellow Servants. 

Recovery for Injury or Death. The Common Law is abro¬ 
gated as to employees of firms and corporations. Every 
employee is given the same right to recover for injury through 
the acts or omissions of any other employee that a servant 
would have if the acts or omissions were those of the master 
himself in performing a non-assignable duty. In case of 
death, legal representatives have the same rights and remedies 
as if death had been caused by the negligence of the master 
himself. 


CORPORATIONS 


xlv 


Passenger Fare. 

Rates. The passenger rate of fare for railways other than 
street or electric, operating in whole or in part in the State, is 
fixed at not more than two cents a mile within the State. 
Exemption may be granted by the Commission upon satis¬ 
factory proof that the road, under the provision, cannot 
earn a just compensation for services. 

Private Corporations. 

How Created. No private corporation shall be created nor 
foreign corporation licensed except by law. 

Limitations. All fictitious increase of stock is void. Stock 
and bonded indebtedness may not be increased except in 
pursuance of general law, nor without the consent of stock¬ 
holders. Attempts to influence legislation through contribu¬ 
tions are declared unlawful. 

Stock of Competitive Corporations. No stock of competitive 
corporations, in or out of the State, may be owned or con¬ 
trolled except that pledged to secure indebtedness, and then 
it must be disposed of within twelve months. Holding such 
stock does not give the corporation a right to participate in 
control, except with permission of the Corporation Commis¬ 
sion. 

The same holds for trust companies and banks. 

Licenses. All licenses of mining or public service corpora¬ 
tions shall contain a stipulation providing for arbitration of 
differences between employees and employed; and they must 
file in the office of the Commission a list of stockholders, 
officers, and directors, giving their postoffices and amount 
of stock held by each. Foreign corporations must designate 
an agent in the State. Suits against them may be brought 
in the county where the agent may be found, in the county of 






xlvi 


OKLAHOMA AND THE NATION 


the plaintiff, or where the cause of action arose. Foreign 
corporations are subject to the same laws and regulations as 
domestic. 

Monopolies. No person, firm, or corporation may create 
a monopoly of any commodity of general use, nor destroy 
competition, nor make discriminations through lower rates 
in one section of the State than another, provision being made 
for difference in grade, quantity, quality, or cost of transporta¬ 
tion. 

Amendment to Charters. The Legislature may alter, amend, 
or revoke all charters whenever injurious to the citizens of 
the State—in such manner, however, that no injustice be done 
the corporation. 



CHAPTER VIII. 


ARTICLE X.—REVENUE AND TAXATION. 

Fiscal Year. Shall begin on July 1st, unless otherwise pro¬ 
vided by law. 

Annual Tax. Shall be provided by the Legislature to defray 
the estimated ordinary expenses of the State for each year. 

Deficiencies. Shall be met by the Legislature through in¬ 
creased levy in ensuing fiscal year. 

State Debt. The Legislature shall levy a tax annually 
sufficient to pay annual interest, and the principal within 
twenty-five years from date of creation. 

Uniformity. Taxes shall be uniform upon the same class 
of subjects. 

Exemptions. The State exempts from taxation the prop¬ 
erty of free public libraries, free museums, public cemeteries, 
property used for educational, religious, and charitable 
purposes, that of the United States and of the State, of 
counties and municipalities in Oklahoma; household goods, 
implements, and live stock belonging to heads of families 
not exceeding one hundred dollars in value, and all growing 
crops. 

The State also exempts from taxation the personal property, 
not exceeding two hundred dollars in value, of all ex-Union 
and ex-Confederate soldiers, residents of the State, and their 
widows if heads of families and residents of the State. 

Free homes or schools for orphans, with their funds, and 

(xlvii) 







xlviii OKLAHOMA AND THE NATION 

property affected by treaties between Indians and the United 
States are exempt. 

The Legislature may authorize incorporated cities or towns 
to exempt manufacturing establishments or public utilities 
for a period of five years; but through public vote only. 

Assessments. County and municipal corporations, with 
the consent of the Legislature, may levy and collect assess¬ 
ments for local improvements. All property taxed ad valo¬ 
rem is assessed for taxation at its fair cash value. A wilful 
error made by a tax officer will subject him to forfeiture of office. 

Unless otherwise provided, the total taxes on an ad valorem 
basis shall not exceed annually thirty-one and a half mills 
on the dollar. 

A public officer, a member or an officer of the Legislature, 
receiving any profit through use or loan of public funds is 
punishable as a felon. 

Assumption of Debt. The State can assume no debt, 
except as required by the Enabling Act, of a county, muni¬ 
cipality, or political subdivision, unless such debt was con¬ 
tracted for defence in war or to suppress insurrection. 

The State’s Credit. Shall not be given or pledged to indi¬ 
viduals, corporations, or political subdivisions, nor may 
the State become owner or stockholder in any corporation, 
nor make donation or subscription to such. 

Borrowing. A law authorizing the borrowing of money 
by the State, a county, or political subdivision must specify 
the purpose for which the money is to be used. 

Poll Tax. The Legislature may authorize the collection 
of a poll tax on all electors under sixty years of age, but such 
tax shall not exceed two dollars a year. 

County and Municipal Taxes. The Legislature must provide 
for the levying of these through the operation of general, 
not the passage of special, laws. 


REVENUE AND TAXATION 


xlix 


State Board of Equalization. This consists of the Governor, 
State Auditor, State Treasurer, Secretary of State, Attorney- 
General, State Inspector, and President of the Board of 
Agriculture. Their duty is to adjust and equalize the 
valuation of real and personal property and to assess all rail¬ 
way and public service corporation property. 


PUBLIC INDEBTEDNESS. 

Contracting Debts. The State may contract debts, not 
beyond four hundred thousand dollars, for casual deficits 
in revenue or for expenses not provided for by law. 

It may also contract debts to repel invasion, suppress 
insurrection, or for defence in war. 

Debt may not be contracted for other purposes unless 
authorized by law, and then the work or object shall be speci¬ 
fied and proper provision made for the payment within twenty- 
five years. Nor shall such law take effect until submitted 
to the people and carried by vote at a general election. 

Counties, Municipalities, and School Districts. These may 
not contract any debt beyond the annual revenue without 
the assent, at an election held for the purpose, of three-fifths 
of the voters at such election, and even then the amount is 
limited to five per cent, of the taxable property ascertained 
from the last assessment for State and county purposes. 
Provision must be made for the payment of annual interest, 
and for wiping out the principal within twenty-five years. 

The Constitution further requires all political corporations 
to provide for the payment of all debts due. 

Incorporated Cities and Towns. These may increase the 
amounts specified above in order to purchase or construct 
public utilities, or to repair the same, if owned exclusively 
by them. They must, however, lay an annual tax to provide 


1 


OKLAHOMA AND THE NATION 


for the payment of interest and for the wiping out of the 
debt within twenty-five years. 

Validation of Bonds. To be valid, all bonds or evidences of 
indebtedness must bear a certificate signed by the Auditor 
and Attorney-General, showing that they were issued pur¬ 
suant to law and that they are within the debt limit. They 
must also, if of a county, township, or other political sub¬ 
division of a county, be similarly endorsed by the County 
Clerk, or other authorized officer, and the County Attorney. 

Taxes, Fees, Fines, etc. These must be accounted for, 
under law, by a uniform system for each class, State and local, 
to be prescribed and audited by authority of the State. 




CHAPTER IX. 


ARTICLE XI.—STATE SCHOOL AND OTHER LANDS. 

Grants and Donations. The State accepts all grants and 
donations of money and land made by the United States, 
and pledges its faith to preserve them as a sacred trust and 
to keep them for their specified uses and purposes. 

Permanent School Fund. The sources of this fund are 
stated in Section thirteenth. The income must be used for 
the maintenance of the common school, and the principal 
be held as a trust fund, which may be increased, but never 
diminished. 

The State must re-imburse the fund for all losses, and never 
divert it to any other purpose. 

Apportionment. All revenue due the schools must be ap¬ 
portioned annually among the school districts in proportion 
to the school population, and must be used solely for the 
support and maintenance of the public schools. 

Sale of Public Lands. All lands granted by Congress for 
charitable, penal, educational, and public building purposes, 
and all taken in lieu thereof, may be sold under rules and 
regulations prescribed by the Legislature in conformity with 
the Enabling Act. 

Section Thirteen. One-third of the revenue or proceeds 
of the section goes to the University and the University 
Preparatory School; another third to the Normal Schools; 
and another to the Agricultural and Mechanical College and 
the Colored Agricultural and Normal University. The land 

(li) 



lii 


OKLAHOMA AND THE NATION 


or proceeds devoted to each class of institutions may be 
divided as the Legislature may prescribe. Provision similar 
to those for the common schools is made for the preservation 
and keeping of these lands, or their proceeds, as a sacred 
trust to be used exclusively for the institutions named. 

Investment of Educational Funds. The permanent common 
school and other educational funds may be lent only upon 
first mortgages on good and improved farm lands within the 
State, Oklahoma State bonds, County bonds of Oklahoma, 
School District bonds of Oklahoma, and United States 
bonds, preference to be given in the order named. 

The Legislature shall prescribe all rules and regulations 
upon which these funds may be lent or invested. 


ARTICLE XII.—HOMESTEADS AND EXEMPTIONS. 

What Constitutes a Homestead. No homestead, outside 
of a city, town, or village, shall contain more than one hundred 
and sixty acres; within a city, town, or village, owned and 
occupied as a residence, one acre. The same shall not 
exceed in value five thousand dollars, nor shall such 
homestead contain less than one-quarter of an acre. If such 
homestead be used for both residence and business purposes, 
the homestead interests therein shall not exceed in value five 
thousand dollars. Temporary renting of the homestead 
does not change the character when no other has been ac¬ 
quired. 

Exemptions. The homestead of the family is not subject 
to forced sale for payment of debts, except for the purchase 
money thereof, or a part of the purchase money, for taxes 
due, or for work and material in constructing improvements. 
The married owner may not sell the homestead without the 
consent of the spouse, legally given. This does not prevent 


STATE SCHOOL AND OTHER LANDS 


liii 


the giving of a mortgage, the spouse joining, nor foreclosure 
on a mortgage. 

An owner may also mortgage or encumber a personal 
exemption, and the Legislature may change or amend the 
terms of this article. 



CHAPTER X. 


ARTICLE XIII.—EDUCATION. 

Free Public Schools. Under the Constitution, it is the duty 
of the Legislature to establish and maintain a system of free 
public schools. 

The Deaf, the Dumb, the Blind. Similarly, the Legislature 
must provide for the establishment and support of institu¬ 
tions in which the deaf, the dumb, and the blind must be 
cared for and educated. 

Separate Schools. Separate schools for white and “colored” 
children must be maintained impartially. The term 
“colored” means of African descent; “white” includes all 
others. 

Compulsory Education. The Legislature shall require 
by law the compulsory attendance for at least three months 
in each year of all children between the ages of eight and 
sixteen, who are sound in mind and body, unless other means 
of education are provided. 

Supervision. Supervision is vested in a Board of Education, 
consisting of the State Superintendent of Public Instruction, 
the Governor, the Secretary of State, and the Attorney- 
General. The Superintendent is ex-officio President. The 
State Board has general charge of the common schools, 
and prepares and sends out questions for county examina¬ 
tions. It may issue life certificates, or revoke, for cause, 
any certificate. It also acts as a Court of Appeal in certain 
matters. 

(liv) 


EDUCATION lv 

Text-books. The Legislature must provide for a uniform 
system of text-books in the common schools. 

Branches to be Taught. In addition to the usual branches, 
the Legislature must provide for the teaching, in the common 
schools, of the elements of agriculture, horticulture, stock¬ 
feeding, and domestic science. 

Public Institutions. (See Art. XXL) Educational, re¬ 
formatory, penal institutions, and those for the insane, 
blind, deaf and mute, and such other institutions as the 
public good may require, shall be established and sup¬ 
ported by the State in such manner as the law may prescribe. 

Educational System. It is very doubtful if any other 
State or county has, in the same brief period, made as rapid 
and sure progress educationally as Oklahoma. The erection 
of school houses was one of the first things attended to by 
the early settlers. Edmond claims to have the first school- 
house built in the old Territory. 

When the Constitution was adopted, the State found an 
excellent system organized and working to the satisfaction 
of the people. 

The University. This institution is situated at Norman, 
is supported entirely by the State, and offers to every boy 
or girl, prepared to enter, the advantage of higher education 
free. 

It has a large corps of professors, who are recognized as 
men of ability. Several graduates from the State University 
are now members of the teaching corps of some of the older 
institutions; notably, Harvard and Cornell. 

The Legislature of 1908 will probably make provision for 
enlarging the scope of work—adding the departments of 
law and medicine. 

The Normal Schools. These are three in number; the Central 
State Normal, the oldest and strongest, at Edmond; the 




lvi 


OKLAHOMA AND THE NATION 


Northwestern, the second in point of age and strength, at 
Alva; and the Southwestern, at Weatherford. The Normal 
Schools have a strong course of study, almost collegiate in 
its scope, which, like that of the University, is free to all 
students, and a large number of professors. No other schools 
appeal more directly to the people at large, because they are 
for the special purpose of training teachers. The academic 
work in them must then be strong; the professional, of the 
best. Already they rank among the best in the Union. 

The Agricultural College. This institution, situated at 
Stillwater, is devoted primarily to teaching agriculture and 
kindred subjects. It is supported only in part by the State, 
the United States providing means (about $40,000 per year) 
for the teaching of certain branches and the support of the 
Experiment Station. The College has been of great advan¬ 
tage to the farmers of the State, and is recognized throughout 
the Union as one of the best in its peculiar line. 

The Agricultural and Normal University. This school, 
situated at Langston, is for colored people only, and admi¬ 
rably fulfils its function of training men and women in 
agriculture, the mechanical arts, domestic science, and to 
become teachers in the schools for negroes. It is supported 
only in part by the State, a portion of its revenue coming 
from the United States under the terms of the Morrill Act. 

The University Preparatory School. This school is situated 
at Tonkawa, and its function is to prepare students for 
entrance to the University. 

Boards of Regents. The University, the Normal School, 
the Agricultural College, the Agricultural University, and 
the University Preparatory School are under the control 
of Boards of Regents, appointed by the Governor and con¬ 
firmed by the Senate. 

These Boards elect officers and teachers, manage the 


EDUCATION 


lvii 


funds, determine courses of study, and perform other duties 
prescribed by law. They must make annual reports to the 
Governor, who transmits them to the Legislature. 

High Schools. Some, counties have organized under the 
law high schools, supported solely by the county. 

District Schools. Each county is divided into districts for 
school purposes. At the annual election, the voters meet 
determine the amount of tax to be levied for school purposes 
the succeeding year, the length of term, and elect trustees 
to manage affairs. The latter elect the teachers. Women 
may vote at school elections. 

County Superintendent. Each county elects, upon nomina¬ 
tion in convention, a Superintendent, who has general super¬ 
visory power, sits as judge in the trial of certain cases, conducts 
summer normal schools, and, with the assistance of two 
teachers appointed by him, holds all examinations and issues 
all certificates. 

Municipal Schools. Municipalities (cities and incorporated 
towns) are virtually districts, but manage their own school 
affairs without regard to the counties. They hold elections, 
determine the levy, under law, and, in general, exercise control 
over their own matters. The City Superintendent is the 
executive officer of the City School Board. He prepares 
questions and examines for certificates without reference 
to the State Board. 

Teachers’ Certificates. Life certificates and certificates to 
teach in summer institutes are granted, under certain condi¬ 
tions, by the State Board; county certificates, by the County 
Superintendent; city certificates, by the City Superintendent. 
Those granted by Superintendents fall into three classes: 
first grade, second grade, and third grade—the rank 
being determined by the markings obtained in the various 
subjects upon which examination has been held. 






lviii 


OKLAHOMA AND THE NATION 


Support of the Schools. The educational institutions are 
supported through Legislative appropriation, supplemented 
by the proceeds from Section Thirteenth of public lands; 
the city schools, through levies made by the citizens, the 
common schools, through taxes levied at school meetings in 
each district and the proceeds of Section Sixteenth public 
lands. 

As set forth in Article X, “Revenue and Taxation ,” the 
Constitution limits the per cent, of taxation for school 
purposes. 



CHAPTER XI. 


ARTICLE XIV.-BANKS AND BANKING. 

Bank Commissioner. The Constitution requires the Legis¬ 
lature to provide for the establishment of a banking depart¬ 
ment under the control of a Commissioner, to be appointed 
for four years by the Governor with the consent of the 
Senate. 

The Legislature also prescribes the laws and general regu¬ 
lations for the conduct of the department. The Commis¬ 
sioner has authority over all State banks, loan, trust, and 
guaranty companies. 

Rate of Interest. The legal rate of interest, in the absence 
of any contract, shall not exceed six per cent, a year. By 
contract, persons may agree upon any rate not to exceed ten 
per cent. Charging a greater rate, when knowingly done, 
brings about forfeiture of the entire interest. When a 
greater rate has been paid, recovery may be made as in 
action of debt of twice the amount so paid if such action 
be brought within two years from date of contract. 


ARTICLE XV.—OATH OF OFFICE. 

Who Shall Take. Senators, representatives, and all judicial, 
State, and county officers before entering upon the duties 
of their respective offices shall take an oath to support the 
Constitution of the United States, of the State of Oklahoma, 

(lix) 






lx 


OKLAHOMA AND THE NATION 


to discharge the duties of the office with fidelity, that the 
office has not been procured through bribery, directly or 
indirectly, that no election law has been knowingly violated 
by them or those acting in their behalf, that they will not 
receive bribes, either directly or indirectly, and that they 
will not travel upon free pass or free transportation while 
in office. 

Refusal to take the oath works forfeiture of office; con¬ 
viction of perjury, disqualification for holding any office 
of trust or profit. The oaths must be filed in the office pre¬ 
scribed by law. 


ARTICLE XVI.—PUBLIC ROADS, HIGHWAYS, INTERNAL 

IMPROVEMENTS. 

The Constitution requires the Legislature to establish a 
department of highways, to create improvement districts, 
to provide for building and maintaining public roads. It 
may also provide for the use of convict labor upon public 
roads. The State also accepts highways hitherto made 
without prejudice to vested rights. 

Levees, Drains, and Ditches. The Legislature is given 
power to provide for these in a system of irrigation, and for 
a system of taxation on lands benefited, or crops on such 
lands, to discharge any indebtedness necessarily incurred 
in the establishment. 

ARTICLE XVII.—COUNTIES. 

County and Township Government. Each county is made 
a body corporate. The following offices are created: Judge 
of the County Court, County Attorney, Clerk of the District 


BANKS AND BANKING 


lxi 


Court, County Clerk, Sheriff, County Treasurer, Register 
of Deeds, County Surveyor, Superintendent of Public 
Instruction, three County Commissioners, and such municipal 
township officers as are now holding under the laws of the 
Territory unless otherwise provided. 

Care of Indigent. The counties are required to provide, 
under law, for those who by reason of age, infirmity, or mis¬ 
fortune have claims upon their sympathy and aid. 

Creating or Altering Counties. The Legislature may provide, 
by general laws, for new counties, for alteration of boundaries, 
for division of assets and liabilities, and the original location 
of county seats. Provision must be made, however, for 
submitting the question to a vote of the people under certain 
specified conditions. No new county shall contain less than 
four hundred square miles taxable area, have a population of 
not less than fifteen thousand people, and a taxable basis 
not less than two and one-half million dollars. For other 
conditions, see Section Fourth. 

Removal of County Seats. County seats may be changed or 
moved only by vote of the people called for through petition 
signed by twenty-five per cent, of the qualified voters. The 
petition must be filed with the Governor, who shall, within 
thirty days, issue his proclamation calling an election within 
not less than sixty nor more than seventy days. Other 
conditions are given in Section Sixth. Note particularly 
the provision against bribery. 

Counties and County Seats. Under this head, the counties 
(seventy-five in number) are named and county seats stated. 
Some of them remain as under the old Territory; others are 
changed. Full description of these is given by metes and 
bounds. 

You should learn the names of the counties and their 
county seats. 






lxii 


OKLAHOMA AND THE NATION 


ARTICLE XVIII.—MUNICIPAL CORPORATIONS. 

How Created. Municipal corporations shall be created 
only through the operation of general laws, and they are 
classified in proportion to population. 

Charters. Every city containing more than two thousand 
inhabitants may frame a charter through a board of free¬ 
holders. After due publication, said charter is submitted 
to a vote of the people. If ratified, it must be submitted to 
the Governor, who shall approve if it does not conflict with 
the State Constitution or laws. Upon his approval, it 
becomes the organic law of the city. 

A copy must be filed with the Secretary of State, and 
another be kept in the archives of the city. Such charter is 
subject to amendment at subsequent elections. 

Initiative and Referendum. These powers are reserved 
to the people of municipalities as to those of a county or the 
State at large. 

Franchises. No franchises may be granted, extended, or 
renewed without approval by vote of the people, nor for a 
longer term than twenty-five years. 

Municipal Corporations may engage in any business or 
enterprise that a person, firm, or corporation may engage 
in by virtue of a franchise. No grant of franchise can ever 
divest State control. 




CHAPTER XII 


ARTICLES XIX TO XXIII.—VARIOUS SUBJECTS. 

These are treated so briefly in the Constitution that it 
will be best to throw them together in one chapter. 

INSURANCE. 

Foreign Insurance Companies. No foreign insurance com¬ 
pany may obtain a license or do business in Oklahoma until 
all the laws of the State shall have been complied with. The 
Legislature shall fix the collateral, or indemnity, to be paid 
in for the protection of its patrons. 

Refusal to pay any taxes or fees prescribed by law will 
work a forfeiture of license. 

Fees. The fees shall be received by the Insurance Com¬ 
missioner for the use of the State, and must be paid over 
monthly to the State Treasurer. They are as follows: 

Life Insurance Companies, per annum, $200; Fire Insur¬ 
ance, $100; Accident and Health, jointly, $100; Surety and 
Bond, $150; Plate Glass Insurance, not Accident, $25.00; 
Live Stock Insurance, $25.00. 

Taxes. An annual tax of two per cent, on all premiums 
collected in the State, deducting cancellations, and a tax 
of $3.00 on each local agent, must be paid by all foreign 
insurance companies, including surety and bond companies, 
doing business in the State. 

Constitutional Exemptions. The State must provide for the 
following classes of insurance organizations, not conducted 

(lxiii) 





lxiv 


OKLAHOMA AND THE NATION 


for profit and insuring only their own members: Companies 
insuring Farms and Products thereon; Trades’ Insurance 
Companies insuring the property and interest of one line of 
business; Fraternal Life, Health, and Accident Companies, 
in all of which the interests of the members shall be uniform 
and mutual. 


ARTICLE XX.—MANUFACTURE AND COMMERCE. 

Denatured Alcohol. This article may be manufactured and 
sold under regulations of law. 

Kerosene Oil. The flash test for this article, when used 
for illuminating purposes, shall be 115° F.; and the specific 
gravity test for all such oil, 40° Baume. 


ARTICLE XXI.—PUBLIC INSTITUTIONS. 

Educational and Others. Educational, reformatory, and 
penal institutions, and those for the insane, the deaf, the 
blind, and mute, and such others as the public good may 
require, shall be established and supported by the State in 
such manner as the Legislature may prescribe. 


ARTICLE XXII.—ALIEN AND CORPORATE OWNERSHIP 

OF LANDS. 

Individual Ownership. No alien or person not a citizen of 
the United States may own land or acquire title in Okla¬ 
homa. The Legislature must enact laws requiring all 
persons not citizens of the United States, and their heirs, 


VARIOUS SUBJECTS 


lxv 


who may acquire real estate in Oklahoma, in any way what¬ 
soever, to dispose of it within five years under penalty of 
forfeiture. 

This does not apply to Indians born in the United States, 
to aliens who may become bona fide residents, nor to aliens 
now owning lands (September 17, 1908). 

Corporate Ownership. No corporation may buy, acquire, 
trade, or deal in real estate other than that located in incor¬ 
porated cities and towns and as additions thereto, and then 
only such as may be necessary for carrying on the business 
for which it was chartered or licensed. Nor may a corpora¬ 
tion be licensed in Oklahoma to act as agent in buying and 
selling land. Corporations may, however, take mortgages 
on real estate for debt; but they shall not hold it for more than 
seven years. This does not apply, however, to trust com¬ 
panies taking only the naked title to real estate or other 
property as trustees in execution of a trust or security for 
indebtedness. 

A public service corporation may not hold land in any 
way unless necessary for the transaction and operation of its 
business as such. 


ARTICLE XXIII.—LABOR. 

Day’s Work. Eight hours shall constitute a day’s work 
for all persons employed in behalf of the State, a county, 
or a municipality. 

Convict Labor. The contracting of convict labor is pro¬ 
hibited. 

Child Labor. The employment of children, under fifteen, in 
any occupation injurious to health or morals, or especially 
hazardous, is forbidden. Boys under sixteen and women 
and girls may not be employed under ground in mines. 





lxvi 


OKLAHOMA AND THE NATION 


Day’s Labor in Mines. Except in cases of emergency, 
eight hours shall constitute a day’s work in all mines. 

Health and Safety. The Legislature is required to pass 
laws to protect the health and safety of employees in factories, 
in mines, and on railways. 

Contributory Negligence. When defence is offered, it 
must be made a question of fact for a jury. 

Personal Injuries. Right of action to recover damages 
for injuries resulting in death shall never be abrogated, nor 
may the Legislature ever limit the amount recoverable at 
law. 

Waiver of Rights. No contract may ever be made in which 
a person can waive the benefits of this Constitution or any 
law in accordance therewith. 

The Legislature alone can regulate all provisions in a 
contract relative to notice or demand as a condition to es¬ 
tablish any claim or liability. 

Change in Salary or Term of Office. Except as otherwise 
provided in the Constitution, the salary or emoluments of 
a public official may not be changed after his election or 
appointment, or during his term of office, unless through 
operation of a prior law. Nor shall his term be extended; 
but all officers must continue to perform the duties of the office 
until their successors qualify. 

Definition of Races. Whenever, in the Constitution, the 
terms “colored,” “colored race,” “negro,” or “negro race” 
are used, they must be construed as applicable only to those 
who are of African descent. The term “white race” includes 
all others. 



CHAPTER XIII. 


ARTICLE XXIV.—CONSTITUTIONAL AMENDMENTS. 

How the Constitution May be Amended. Any member in 
either branch of the Legislature may propose an amendment. 
If the proposed amendment or amendments be carried by 
a majority vote of all the members elected to each of the two 
houses, the amendment or amendments, with the yeas and 
nays thereon, shall be entered in the journals and be referred 
by the Secretary of State to the people for acceptance or rejec¬ 
tion at the next general regular election. But the Legislature, 
by a two-thirds’ vote of each house, may order a special 
election. If the amendment or amendments be carried 
before the people, it or they become thereby a part or parts 
of the Constitution. A separate vote must be taken at the 
election upon each amendment. 

Constitutional Convention. No convention shall be called 
by the Legislature to alter or revise the Constitution, or pro¬ 
pose a new one, unless the law providing for such convention 
shall first be approved by the people on a referendum vote. 
All amendments, changes, or revisions made by such con¬ 
vention must likewise be submitted to the people and ratified 
before they can become effective. 

The question of such convention shall be submitted to the 
people at least once in every twenty years. The people 
have the right at all times to amend the Constitution upon 
an initiative petition. 


(Ixvii) 





lxviii 


OKLAHOMA AND THE NATION 


SCHEDULE. 

After Article XXIV, we find a long and important schedule of pro¬ 
visions relating to the change from Territorial to State government. 
This schedule was necessary in order to prevent great inconvenience and 
to protect the people in their rights. We will present the subjects in 
order, and, finally, conclude with the resolution adopting the Constitu¬ 
tion of the United States and with the Article upon Prohibition which 
was separately submitted to the people 

Existing Rights, Actions, Contracts, and Claims. Those arising under 
territorial conditions and existing at the date of ratification of the 
Constitution are in no wise affected by the change in form of govern¬ 
ment. 

Legal Processes. All legal processes issued previous to the admission 
of the State, and under the authority of the Territory of Oklahoma, 
or in consequence of laws in force in Indian Territory, are declared 
valid. 

The Laws of the Territory. All laws in force at the time of admission, 
not repugnant to the Constitution or locally inapplicable, are made a 
portion of the law of Oklahoma until expiry or repeal. 

Debts, Fines, Penalties, etc. All debts, fines, penalties, and forfeitures 
arising under Territorial government inure to the State. 

When Constitution took Effect. This occurred immediately upon the 
admission of the State—November 16, 1907. 

Notaries Public. These officers in the Territory or in Indian Territory 
continue to hold office until the expiry of their commission, the exercise 
of their powers being limited to the county formed out of the district 
or county in which they held office at the date of admission; and they are 
required to file their commissions in the office of the county clerk and 
make affidavit of residence. 

The appointments of female Notaries previously made, by the Gov¬ 
ernor of Oklahoma, by United States Courts for Indian Territory, or 
by the Judges of said Courts, are validated. Females are made 
eligible, under the Constitution, to the offices of Notary Public and 
County Superintendents of Schools. 

Property, Credits, Claims, etc. All property, real and personal, credits, 
claims, and choses in action belonging to the Territory at the date of 
admission are vested in the State. 


CONSTITUTIONAL AMENDMENTS 


lxix 


Judgments and Records. All judgments and records of deeds, mort¬ 
gages, liens, and other investments, filed or recorded, affecting property 
in Indian Territory or the Osage Reservation are made effectual in the 
State. Similarly, judgments and records in new counties are made as 
effectual as they would have been under former conditions. 

Incorporated Cities and Towns. Such towns and cities shall continue 
their corporate existence under conditions previously existing until 
otherwise provided by law. 

Taxes and Assessments. All taxes assessed before 1908 in incorporated 
towns and cities of Indian Territory shall be levied and collected in 
the same manner as now until otherwise provided by law. 

Local Improvements and Public Buildings. Those begun in Indian 
Territory before the admission of the State shall be completed under 
laws existing at the time. 

Protection of Miners’ Lives. The Acts of Congress relating to this 
subject of March 3, 1891, and of July 1, 1902, are extended to the 
State of Oklahoma until changed by the Legislature. Certain necessary 
verbal changes are made, however. 

Dental Surgeons. Dental surgeons holding licenses in Oklahoma or 
residents of Indian Territory June 16, 1906, who are graduates, shall 
be eligible and be licensed to practise in the State without examina¬ 
tion. 

Salaries of State Officers. These shall be as follows: For the Gov¬ 
ernor, $4500 per annum; Lieutenant-Governor, $1000; Secretary of 
State, $2500; Attorney-General, $4000; State Treasurer, $3000; State 
Auditor, $2500; State Examiner and Inspector, $3000; Chief Mine 
Inspector, $3000; Labor Commissioner, $2000; Commissioner of 
Charities, $1500; Corporation Commissioners, $4000 each; Superin¬ 
tendent of Public Instruction, $2500; Insurance Commissioner, $2500; 
Justices of the Supreme Court, $4000 each; Judges of the District Court, 
$3000 each. 

These amounts may be changed by the Legislature, and the same 
body shall determine the compensation of all other State officers. 

County and Township Officers. The terms, duties, powers, qualifi¬ 
cations, and salaries of these officers, unless changed in the Constitu¬ 
tion, shall remain as under the laws of the Territory until changed 
by the Legislature—the duties and salary of the Probate Judge, however, 
to devolve upon and belong to the County Judge. The term of office 




lxx 


OKLAHOMA AND THE NATION 


of those elected when the Constitution was adopted, or appointed under 
extended laws, shall expire on the second Monday of January, 1911. 

County Attorneys and County Judges, in counties having more than 
20,000 inhabitants, are to receive $2000 per annum; more than 30,000, 
$2500; more than 40,000, $3000. 

Boards of Regents. The existing Boards of Regents of the various 
educational institutions are to continue to hold office until their successors 
qualify. 

County Property. When new counties are created in whole or in part 
from those already existing, the Legislature must provide for an equitable 
division of all property, assets, and liabilities between the old county 
and the new county or counties. 

Property of Day County. All the property, credits, claims, and choses 
in action of Day County, at the date of admission, are vested in Ellis 
County—the assets and liabilities of the former to be equitably divided 
between the latter and Roger Mills County. 

The Seal of the State. The Clerk of the Supreme Court is instructed 
to procure a seal and cause such inscription to be placed on it as may be 
prescribed by the Supreme Court. Such seal, with style of office and 
name of county inscribed thereon, must be procured by the Clerks of 
the District Courts, County Clerks, County Treasurers, Registers of 
Deeds, County Surveyors, and County Superintendents. 

Transfer of Books, Records, etc. After the Constitution went into 
effect, all books, records, papers, and proceedings of the Probate Court, 
and all causes pending therein, were transferred to the County Court 
except in the case of Day County, where all such matters were transferred 
to the County Court of Ellis County. All such matters and proceedings 
are to be carried to final decree or order by the courts of the respective 
counties, as the Probate Court might have done. The District Court, the 
successor of the United States Court in Indian Territory, shall transfer 
all matters and proceedings relating to estates to the County Courts. 
The Legislature, however, may make other provisions for such 
cases. 

Seal of the Probate Courts. Until otherwise provided, the seal of the 
former Probate Courts shall be the seal of the County Courts in Okla¬ 
homa; in the Indian Territory, the Osage Reservation, and the new 
counties created in Oklahoma, the signature of the County Judge is 
declared sufficient until a proper seal shall have been procured. 


CONSTITUTIONAL AMENDMENTS lxxi 

Indebtedness. Counties, cities, incorporated towns, townships, 
boards of education, school districts, or other municipalities are 
authorized to make provision for the payment of debts due by them, 
either through tax levies or the issuing of bonds in accordance with law. 
The tax limitation, under the Constitution, to any indebtedness that 
may be created shall not apply. 

Transfer of Cases on Appeal in the Supreme Court. All civil and criminal 
cases pending, upon admission of the State, in the Supreme Court of 
the Territory of Oklahoma, on appeal or writ of error from the District 
or Probate Courts, with the papers, records, proceedings, and seal of 
said court, shall be transferred to the Supreme Court of the State, except 
as otherwise provided in the Enabling Act. Similarly, with regard to 
cases pending in the United States Court of Appeals for Indian Territory. 

Cases in the Former District Courts of Oklahoma or of Indian Territory. 
Provision is made, as in the preceding sections, for transfer of cases, 
proceedings, records, etc., to the District Courts of the respective counties. 
The Legislature may order the transfer from one county to another. 

Amendment to the Enabling Act. The terms and provisions of this Act 
of Congress are accepted, and the jurisdiction of the cases enumerated 
therein accepted. 

Judges of the District Court. Qualified electors of any county of a 
judicial district at the time of the Constitution was ratified, who can 
fulfil all conditions of eligibility, may be elected Judges of a District 
Court. 

Eligibility to State Office. Any person resident in the State for one 
year next preceding the ratification of the Constitution, who can fulfil 
the other Constitutional conditions, may be elected at the first election. 

Assessment of Property in the Osage Reservation. It is declared that 
the assessment made in the Osage Reservation for 1907 by the Pawnee 
County authorities shall stand as the assessment for that year of Osage 
County; but, after the admission of the State, all tax books and records 
shall be turned over to the proper officers of Osage County. 

In addition, a county school tax of ten mills on the dollar of assessed 
valuation must be levied in Osage County, provided, however, that 
Pawnee County shall be re-imbursed for all costs and expenses of such 

levy. 

Equitable Division Between Old and New School Districts. The Legis¬ 
lature shall make equitable division of all property, assets, and liabilities 





lxxii 


OKLAHOMA AND THE NATION 


of School Districts in Oklahoma when they have been affected by change 
of boundary lines. 

Attorneys-at-Law. All attorneys licensed in Oklahoma or in Indian 
Territory, previous to the admission of the State, are made eligible to 
practise in the Courts of the State without examination. 

Newspapers. All newspapers published hitherto in new counties of 
Oklahoma, in Indian Territory, or in the Osage Reservation, are given 
recognition and granted the right to publish all legal notices or adver¬ 
tisements required by State law. 

Assumption of Debt. The State assumes all debts authorized by the 
Constitutional Convention and all expenses incurred in holding the 
elections for ratification of the Constitution, or for State officers after 
the United States appropriation shall have been exhausted; but this 
does not include compensation to the delegates to the Constitutional 
Convention. 

Ratification and Prohibition. The ordinance of the Constitutional 
Convention is made valid which provides for submitting to the people 
these two questions—the latter, separately. 

Illegal or Invalid Indebtedness. Nothing in the Constitution shall be 
construed to legalize any illegal indebtedness nor to impair any defence 
against paying the same. 

Failure of Legislature to Make Equitable Division of Property. Should 

the Legislature fail to perform this duty, original jurisdiction to make 
such division is conferred upon the Supreme Court. 

Superintendent of Instruction. The qualifications required under 
the Constitution shall not be made applicable to those elected at the 
date of ratification in Indian Territory and the Osage Reservation. 
(The language of this section is ambiguous; but the meaning is, probably 
that those Superintendents elected under provisions of former laws 
shall be considered legal officers until due expiry of their terms.) 

Terms of Office. The terms of all State officers elected at the date 
of ratification began on the day the State was admitted—November 
16, 1907. 

How Officers Qualify. All officers are required to take the oath of 
office before any duly authorized officer and to execute the required 
bond. 

Bonds of Officers. All officers elected on the date of adoption are 
required to execute such bond as was then necessary by law or which 


CONSTITUTIONAL AMENDMENTS lxxiii 

the Legislature may prescribe. Such bonds shall inure to the benefit 

of the State or other beneficiary for whose protection it was given. 

Preservation of the Constitution. After ratification and admission, a 

duly engrossed copy shall be filed in the office of the Secretary of State 

and sacredly preserved by him as the fundamental law. 

Date and Signatures. The date is given as July 16, 1907; then the 

signatures of the officers and members follow. 

© 




CHAPTER XIV. 


RESOLUTION ADOPTING THE CONSTITUTION OF THE 

UNITED STATES. 

Terms of the Resolution. The statement is made in simple 
language that the delegates to the Constitutional Convention, 
as required by the Enabling Act, do adopt the Constitution 
of the United States on behalf of the people of Oklahoma. 

This resolution was adopted November 21, 1906, and is 
signed by the President, Wm. H. Murray, a leading figure in 
the Convention, and the Secretary, John McLain Young. 
The first Governor of the new State, Chas. N. Haskell, was 
also one of the prominent members. 

PROHIBITION. 

What is Prohibited. The Article positively prohibits the 
manufacture, sale, barter, giving away, or otherwise furnish¬ 
ing, except as hereinafter provided, of intoxicating liquors 
within the State for a period of twenty-one years from the 
date of admission into the Union and thereafter until the 
people shall otherwise provide through amendments to the 
Constitution and proper legislation. 

Penalties. Any person, individual, or corporation that 
shall manufacture, sell, barter, give away, or otherwise 
furnish, any intoxicating liquor of any kind, contrary to the 
provisions of this section, or that shall advertise for sale or 
solicit the purchase of any such liquors, or that shall ship or 
(lxxiv) 


ADOPTING THE CONSTITUTION OF UNITED STATES lxxv 

in any way convey such liquors from one point to another in 
the State, except the conveyance of a lawful purchase as 
herein authorized, shall be punished, on conviction, by a fine 
not less than $50.00 and by imprisonment not less than 
thirty days for each offence. 

Exceptions. The Legislature may, however, provide for 
one agency, under State supervision, in each incorporated 
town of not less than 2000 inhabitants; and, if there be no 
such town in a county, the county itself may have one such 
agency for the sale of such liquors. But sale shall be made 
only for medicinal purposes, for industrial purposes of law¬ 
fully denatured alcohol, for the use of such institutions as are 
authorized to procure the same free of tax from the United 
States Government, and to any apothecary giving an approved 
bond in not less than $1000 upon condition that the liquor 
be used or disposed of only in the compounding of prescrip¬ 
tions or other medicines—the sale of which would not require 
him to pay the United States special tax. The payment of 
the special tax is prima facie evidence of intention to violate 
the law. 

No sale can be made unless the applicant makes a sworn 
statement in writing of the purpose for which the liquor is 
to be used. 

The apothecary can sell to an individual only upon a bona 
fide prescription of a regular practising physician, and then 
only once upon the same prescription. 

Every sale must be registered, and the register open to 
inspection by any officer or citizen at all times during business 
hours. 

The affidavits and prescriptions upon which the sale was 
made shall also be open to inspection. 

Anyone making a false affidavit shall be punished for 
perjury. 








lxxvi OKLAHOMA AND THE NATION 

Physicians prescribing, except for treatment of disease 
after personal diagnosis, are subject to a fine of not less than 
$200, imprisonment for not less than thirty days, or both. 

Any person connected with an agency who is convicted of 
breaking this law is punished with imprisonment for not less 
than a year and a day. 

The provisions of this law become enforceable immediately 
after the admission of the State and ratification through a 
majority vote of the people. 

This Article was adopted on the 22nd of April, 1907. 


THE ENABLING ACT. 

The Enabling Act. The Constitution closes with an ordi¬ 
nance whereby the Enabling Act passed by Congress is 
accepted as irrevocable. 









UNITED STATES CAPITOL BUILDING 


















NATION AND STATE 


A TEXT-BOOK 


CIVIL GOVERNMENT 


BY 

GEORGE MORRIS PHILIPS, Ph.D. 

PRINCIPAL OF THE WEST CHESTER STATE NORMAL SCHOOX 


PHILADELPHIA 

CHRISTOPHER SOWER COMPANY 






Copyright, 1905, 

By Christopher Sower Companv 


PREFACE. 


A knowledge of their own government is to any people 
a matter of the greatest importance, and to a self-govern¬ 
ing people an absolute necessity. No need of education 
is more urgent than education for citizenship, and no 
course of study can properly fit young Americans for citi¬ 
zenship which does not include the study of their own 
government. 

This text-book aims to explain to' the boys and girls in 
the high schools and grammar schools, as well as in the 
higher classes of the ungraded public schools of the United 
States, how their country is governed. It aims to give such 
students just the knowledge of their government that they 
want and need for present and future use. Great care 
has been taken to make the subject clear and readily under¬ 
stood, without the sacrifice of accuracy or completeness, 
a task whose difficulty will be appreciated only by teachers 
of the subject. 

The author believes that the government of the United 
States is most satisfactorily and thoroughly taught and 
learned by following the order of the Constitution. And 
he believes that a text-book on government should cover 
all the subjects in the Constitution. Teachers will gener¬ 
ally prefer to decide for themselves what parts of the sub- 

(3) 



4 


PREFACE 


ject, if any, to omit with their classes. But to aid less expe¬ 
rienced teachers two sizes of type have been used. It is 
suggested that less mature classes and those whose time is 
limited take up only the subjects discussed in the larger 
type, and in some cases it may be best to omit a part of 
that. When there is time for it, more mature classes may 
profitably add a part or all of the subjects in the smaller 
type. It is hoped that the subject has been treated so 
simply and clearly, yet so comprehensively, that by judicious 
selection on the part of the teacher the book will be found 
adapted to all grades in public and private schools that 
ordinarily use a text-book on this subject. It will be noticed 
that the text of the Constitution is always printed in italics. 

The student is not led from the local to the national 
government, because local governments are so unlike in 
different parts of the country. In such a plan the town 
government would naturally be the starting point in New 
England. But south of New England its town is entirely 
unknown, as the township of that section is unknown 
in New England. Moreover, although theoretically one 
passes from the known to the unknown in beginning with 
his local government, practically the reverse is true. Every¬ 
where people know more about their national government 
than they do about their local or State government, because 
books, magazines, and newspapers have made them meas¬ 
urably familiar with the one, but tell them little or nothing 
of the other. 

The author desires to express his gratitude to Hon. Samuel 
W. Pennypacker, Governor of Pennsylvania; to Hon. 
Thomas S. Butler, member of Congress from the Seventh 
Congressional District of Pennsylvania; to Dr. Franklin 
S. Edmonds, of the Philadelphia bar, and formerly a dis- 


PREFACE 


5 


tinguished teacher in the Central High School of that city; 
to Hon. J. Whitaker Thompson, United States District 
Attorney for Eastern Pennsylvania; to Thomas W. Baldwin, 
Esq., of the West Chester bar; to Prof. Smith Burnham, 
of the Department of History in the State Normal School, 
and to Miss Alice Cochran, the capable Librarian at the 
Normal School, for valuable help; and to the Rosenbach 
Company, of Philadelphia, by whose courtesy is reproduced 
their interesting engraving of the United States Supreme 
Court. 

State Normal School, West Chester, Pa. , 












CONTENTS. 


CHAPTER I. 

PAGE 

The Earlier Governments.13 

CHAPTER II. 

Making the Constitution.18 

CHAPTER III. 

The Preamble and the Three Departments of Government 20 

CHAPTER IV. 

The House of Representatives .23 

CHAPTER V. 

The Senate.35 

CHAPTER VI. 

Regulations of Congress .43 

CHAPTER VII. 

Making the Laws.52 

CHAPTER VIII. 

Powers Given to Congress.59 


(7) 


















8 


CONTENTS 


CHAPTER IX. 

PAGE 

Powers Denied to Congress .92 

CHAPTER X. 

Powers Denied to the States.101 

CHAPTER XI. 

The President and his Election.108 

CHAPTER XII. 

Powers and Duties of the President.127 

CHAPTER XIII. 

The President’s Cabinet .137 

CHAPTER XIV. 

The Judicial Department.144 

CHAPTER XV. 

The States under the Constitution.158 

CHAPTER XVI. 

Amending the Constitution.. . . .166 

CHAPTER XVII. 

The Supremacy of the Constitution.169 

CHAPTER XVIII. 

The Ratification of the Constitution. 171 











CONTENTS 


9 


CHAPTER XIX. 

PAGE 

The Amendments to the Constitution.173 

| 


CHAPTER XX. 

The States and their Government.193 

CHAPTER XXI. 

Local Government.201 

CHAPTER XXII. 

Nominations and Elections.204 


APPENDIX. 


Constitution of the United States. 

Law of Succession to the Presidency. 

Electoral Count Bill. 

Declaration of Independence. 

List of Presidents. 

List of Vice-Presidents. 

List of Chief Justices of the Supreme Court . . . . 

Index . 


• 

i 

xix 

xxi 

xxv 

xxx 

xxxi 
xxxi 

xxxiii 

















ILLUSTRATIONS. 


FACING PAGE 

United States Capitol Building .... Frontispiece 

Independence Hall, Philadelphia.18 

Interior of United States House of Representatives . . 23 

Interior of United States Senate Chamber.35 

Battleship Oregon.84 

The White House, Washington.108 

United States Supreme Court Room.144 







USEFUL BOOKS ON THIS SUBJECT. 


These six books, at least, should be in the schools or the homes of all 
students of this text-book: 

Bryce. The American Commonwealth, abridged edition. 

Harrison. This Country of Ours; or, 

Dawes. How We Are Governed. 

Johnston. American Politics. 

Congressional Directory for current year. (Apply to Congressman 
for it.) 

A State Handbook or Manual. (If published.) 

The World Almanac for current year. 

And as many of these as can be had will be useful to teachers and 
students for reading or reference: 

Ashley. The American Federal State. 

Bancroft. History of the Constitution of the United States. 

Bryce. The American Commonwealth. Unabridged edition. 
Cooley. Principles of Constitutional Law. 

Curtis. Constitutional History of the United States. 

Dallinger. Nomination for Elective Office. 

Dewey. Financial History of the United States. 

Fiske. The Critical Period in American History. 

Follett. The Speaker of the House of Representatives. 

Goodnow. Municipal Problems. 

Gordy. History of Political Parties in the United States. 

Hadley. Railroad Transportation. 

Hamilton, Jay, Madison, and Others. The Federalist. 

Hart. Actual Government. 

Hart. Formation of the Union. 


(11 ) 




12 


USEFUL BOOKS ON THIS SUBJECT 


Hinsdale. The American Government. 

History of the United States. One or more standard Histories. 
Howard. Local Constitutional History. 

Jenks. The Trust Problem. 

Lalor. A Cyclopedia of Political Science. 

McConacliie. Congressional Committees. 

MacDonald. Select Documents. 

Madison. Journal of the Constitutional Convention. 

Oberholtzer. The Referendum in America. 

Remsen. Primary Elections. 

Roosevelt. American Ideals and Other Essays. 

Schouler. Constitutional Studies. 

Stanwood. History of the Presidency. 

Taussig. Tariff History of the United States. 

Thorpe. Constitutional History of the American People. 

Walker. Making of the Nation. 

Wilcox The Study of the City Government. 

Willoughby. Rights and Duties of American Citizenship. 

Wilson. Congressional Government. 

Wilson. The State. 

Woodburn. The American Republic and its Government. 

Woolsey. Introduction to the Study of International Law. 

Wright. Industrial Evolution of the United States. 


CHAPTER I. 


THE EARLIER GOVERNMENTS. 

The Colonies Start with Different Governments. In 1776 

thirteen English colonies in America united in adopting 
the Declaration of Independence. They were New Hamp¬ 
shire, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia. 
They had been settled at different times from 1607, when 
the first settlers landed in Virginia, until 1733, when the 
settlement of Georgia began. The settlers in the various 
colonies differed greatly in the purposes which brought 
them to America, and in their views of government. These 
influences, together with the differences in the privileges 
and opportunities granted to the different colonies when 
they organized their governments, caused important differ¬ 
ences in the governments of the various colonies. But 
these thirteen different governments may all be grouped 
into three classes: royal governments, charter governments, 
and proprietary governments. 

The Colonies with Royal Governments. Virginia, New 
York, New Jersey, New Hampshire, North Carolina, South 
Carolina, and Georgia were royal colonies. Their Gover¬ 
nors were appointed by the King of England. Each colony 
had a council, also appointed by the king, which advised 
and restrained the Governor and also formed the upper 

( 13) 





14 


NATION AND STATE 


House of the Legislature, the lower House being elected by 
the people. After laws had passed both Houses of the Legis¬ 
lature and been approved by the Governor, they had to be 
sent to the king for his approval. The judges were appointed 
by the Governors. 

The Colonies with Charter Governments. Massachusetts, 
Connecticut, and Rhode Island had received charters, or 
constitutions, from the King of England. These gave 
them the right to elect their own Governors and their Legis¬ 
latures. These colonies, therefore, made their own laws 
and governed themselves- more fully than the other colonies. 
But they acknowledged the sovereignty of the King of 
England, and their laws could not be contrary to the laws 
of England. 

The king and parliament claimed the right to change or annul 
these charters, and did so change the government of Massachusetts 
that for many years before the Revolutionary War its Governors were 
appointed by the king. The constant contention between Great Britain 
and these colonies over this question was one of the causes of the Revo¬ 
lution. 

The Colonies with Proprietary Governments. Pennsylvania 
and Delaware were given to William Penn, and Maryland 
to Lord Baltimore. These proprietors, or their descendants, 
were the Governors of their colonies, or they appointed 
the Governors. The people elected Legislatures, which with 
the Governors made the laws for the colonies, but these had 
to be consistent with the laws of England. 

New Jersey, North Carolina, and South Carolina were also proprie¬ 
tary colonies at first, but afterward became royal colonies. 

Looking toward a Union. Until the English government 
began its encroachments upon their rights and privileges, 
the colonial governments were entirely independent of 


THE EARLIER GOVERNMENTS 


15 


each other. After the passage of the Stamp Act in 1765, 
delegates from nine of the colonies met in New York to 
consider the difficulties between the colonies and their 
mother country. They made no attempt to form a common 
government, but protested vigorously against the Stamp 
Tax and other grievances. The Stamp Act was soon re¬ 
pealed, but other obnoxious taxes and laws were imposed 
upon the colonies, and in 1774 another Congress of Delegates 
met in Philadelphia. All of the colonies but Georgia were 
represented. This Congress protested still more vigor¬ 
ously against the arbitrary acts of the British government, 
set forth the rights of the colonies, and recommended that 
they refuse to comply with the objectionable acts of Parlia¬ 
ment. The Congress of 1774 did not form a common gov¬ 
ernment for the colonies, but recommended that another 
Congress should meet the next year. 

The Colonies United in a Common Government. All of the 
colonies sent delegates to the Congress of 1775, but when 
it met the Revolutionary War had already begun at Lex¬ 
ington. This Congress, now called the Continental Con¬ 
gress, at once took charge of the American cause and a 
few weeks later appointed Washington commander-in-chief 
of the army. The Continental Congress in 1775 first united 
the American colonies in a common government, by assum¬ 
ing and exercising such powers of government as were- 
necessary to carry on the war. 

The Declaration of Independence. On July 4, 1776, the 
Continental Congress issued the Declaration of Independence, 
which cast off British authority, changed the colonies into 
States, and made their union the United States of xAmerica. 

The Rule of the Continental Congress. The Continental 
Congress was the only general government the country 
2 






16 


NATION AND STATE 


had until 1781. It assumed control of the army and navy, 
dealt with foreign nations and the Indians, issued paper 
money, and established Post Offices. But it could collect 
no taxes and could only get either revenue or troops by 
appealing to the States to furnish them. Each State gov¬ 
erned itself, and scarcely complied with enough of the 
suggestions and entreaties of Congress to enable it to carry 
on the war. 

Articles of Confederation Adopted. The Continental Con¬ 
gress recognized its weakness, and, on the same day that 
it appointed the committee to draw up the Declaration of 
Independence, appointed another committee to prepare 
Articles of Confederation. But it was more than a year 
before Congress adopted the report of this committee, and 
the war was almost over before the last State adopted the 
Articles of Confederation. 

When all the States had adopted the Articles of Con¬ 
federation, the Continental Congress, which had lasted 
from 1775 until 1781, came to an end. Then a Congress 
chosen annually by the States, as provided by the Articles 
of Confederation, carried on the government, such as it 
was, until the government which we now have began, in 
1789. 

Weakness of the Articles of Confederation. Under the 

Articles of Confederation Congress had about the same 
powers as before, except that these powers were now author¬ 
ized by a written agreement among the States, while before 
they had been exercised without such authority. There 
was no President or other executive except a feeble Con¬ 
gress. There were practically no national courts. Con¬ 
gress had no control of foreign commerce or of commerce 
between the States. And, worst of all, Congress could not 


THE EARLIER GOVERNMENTS 


17 


enforce the few powers which it was supposed to have. It 
could only appeal to the States for troops, money, or sup¬ 
plies, and if the States neglected or refused to respond to 
its appeals, there the matter ended. 

The Critical Period. When the Revolutionary War was 
ended and the independence of the country was won, the 
national government broke down entirely. It could not 
maintain order; it could not keep its promises to other 
nations nor to its own citizens; it could not pay its debts. 
Sometimes for months there would not be enough mem¬ 
bers of Congress present to do any business. The country 
was almost ruined by the war and by the weakness and 
inefficiency of the national government. But the different 
States were so jealous of each other and so tenacious of 
their rights and privileges, that they would not strengthen 
the national government by giving up to it any of their 
powers. Washington and his fellow-patriots despaired at 
the deplorable condition of the country. The years between 
the close of the Revolutionary War and the adoption of our 
present government are commonly and properly known 
as “the critical period in American history.” 





CHAPTER II. 




MAKING THE CONSTITUTION. 

The First Steps toward a Better Government. In 1785 
commissioners from Maryland and Virginia met in Wash¬ 
ington’s home at Mount Vernon, in order to plan joint 
regulations for the use of the Chesapeake Bay and other 
waters adjoining both States. Washington suggested that 
the commissioners should also recommend a uniform cur¬ 
rency and uniform duties in the States. They did so, and 
the recommendation led the Maryland Legislature to sug¬ 
gest to Virginia that all the States be asked to send delegates 
to consider the question of uniform regulations for com¬ 
merce. The Legislature of Virginia, acting upon this sug¬ 
gestion, requested all the States to send delegates to such 
a convention to be held at Annapolis in 1786. 

The Annapolis Convention. Only five States had delegates 
at the Annapolis convention, too few to make worth while any 
recommendations as to commerce. But, at the suggestion 
of Alexander Hamilton, the convention did something much 
more important. It asked all the States to send delegates 
to a convention in Philadelphia the next year, to plan for 
strengthening the national government. 

The Convention which Drew up the Constitution. 1787. In 
1787 the convention which had been suggested at Annap¬ 
olis met at Philadelphia, in the same room of the old State 
House in which the Declaration of Independence had been 
signed. All the States except Rhode Island sent delegates, 
and George Washington, one of the delegates from Virginia, 
( 18 ) 




INDEPENDENCE HALL, PHILADELPHIA 





















MAKING THE CONSTITUTION 


19 


was chosen president of the convention. For four months 
the convention worked and quarreled over their task behind 
closed doors, and then gave to the country what Mr. Glad¬ 
stone, the great English statesman, has called “the most 
wonderful work ever struck off at a given time by the brain 
and purpose of man/’ 

The Members of the Constitutional Convention. It is doubtful whether 
an abler body of men than the convention which framed the Constitu¬ 
tion of the United States ever came together. As has already been 
said, George Washington was its president. Benjamin Franklin, 
Alexander Hamilton, James Madison, and James Wilson were his 
most famous colleagues. But there were many others who would have 
distinguished themselves in any company. Madison took the leading 
part in the work of the convention, and has sometimes been called 
the Father of the Constitution. John Fiske, the historian, says that 
the members of this convention contained “ among themselves a greater 
amount of political sagacity than had ever before been brought to¬ 
gether within the walls of a single room.” The debt which the United 
States, and the whole world, for that matter, owes to these wise and 
patriotic men is well-nigh incalculable. 

Starting the New Government. As we shall see later, the 

I Constitution itself provided that when nine or more of the 
States had accepted the new Constitution, it should go into 
effect among those which had thus ratified it. Some of the 
States ratified the new Constitution promptly and with 
great unanimity. Others delayed ratification, and only 
after great struggles and by narrow margins accepted it. 
But in a year all of the States but North Carolina and Rhode 
Island had ratified. During the fall and winter of 1788-89 
the other eleven States chose a President, Vice-President, 
Senators, and Representatives. The old Congress adjourned 
finally, and in the spring of 1789, in the city of New York, 
the new government began. 





CHAPTER III. 


THE PREAMBLE AND THE THREE DEPARTMENTS OF 

GOVERNMENT. 

The Preamble to the Constitution. The Constitution begins 
with the following preamble: 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, 
provide for the common defence, promote the general welfare, 
and secure the blessings of liberty to ourselves and our pos¬ 
terity, do ordain and establish this Constitution for the United 
States of America. 

The Constitution Made by the People. This preamble or 
introduction to the Constitution is important for several 
reasons. It begins with founding the government of the 
United States on the will of the people. Many of the nations 
of Europe have constitutions which give their people a 
large amount of freedom and considerable share in the 
government, but these constitutions were in most cases 
given, generally unwillingly and as forced concessions, 
by kings who once were absolute monarchs and governed 
their peoples as they pleased. But this preamble expressly 
declares that the Constitution of the United States is 
“ordained and established” by the people who are to be 
governed by it. 

The Preamble Gives the Purpose of the Constitution. The 

clauses of the preamble give clearly and briefly the reasons 
( 20 ) 


THE THREE DEPARTMENTS OF GOVERNMENT 21 

for the establishment of the Constitution; and in the light 
of the previous history of the thirteen States, and especially 
of their history during “the critical period” between the 
close of the American Revolution and the framing of the 
Constitution, they were powerful reasons for the adoption 
of the Constitution. 

The Preamble Helps Interpret the Constitution. The exact 
purposes of the Constitution as set forth in the preamble 
are important in giving us a correct understanding of the 
Constitution itself, and especially in guiding our courts 
to proper decisions as to the meaning and application of 
its various provisions. The preamble is always consid¬ 
ered to be a part, and an important part, of the Constitu¬ 
tion. 

The Three Departments of Government. All governments 
must have three distinct powers: 

1. The legislative power, which makes the laws. 

2. The executive power, which carries out the laws. 

3. The judicial power, which interprets the laws and 
applies them to individual cases. 

In an absolute monarchy these powers are all exercised 
by one person, the monarch, but in constitutional govern¬ 
ments they are given to different persons. 

Their Division in the United States. In the United States 
the Constitution distributes the three powers of government 
as follows: 

1. The legislative power is in the hands of Congress, 
which consists of two bodies of men, a Senate and a House 
of Representatives. 

2. The executive power is in the hands of the President, 
who executes the laws through civil officers connected with 
the courts and the different departments of the government, 



22 


NATION AND STATE 


and, if necessary, through the army and navy, of which he 
is commander-in-chief. 

3. The judicial power is in the hands of one Supreme 
Court in Washington and of inferior courts established by 
Congress in all the States and Territories. 

The Different Departments Are Not Always Separable. While the 
three powers of government are entirely distinct and theoretically 
should be in the hands of entirely different persons, practically, in the 
United States as in other governments, it is found to be convenient and 
wise for some officials to be connected with more than one of these 
departments. As we shall see later, the President, in his power to 
approve or veto laws passed by Congress, has legislative as well as 
executive power. The Senate, in its power to confirm or reject the 
appointment of officers by the President, has executive as well as 
legislative power. Both Houses of Congress exercise judicial power 
in cases of impeachment. And the judges of the courts direct the 
execution of the laws which they apply to individual cases. 






INTERIOR OF UNITED STATES HOUSE OF REPRESENTATIVES 














CHAPTER IV. 


THE HOUSE OF REPRESENTATIVES. 

The Divisions of the Constitution. The Constitution is 
divided into seven parts, called Articles, numbered from 
one to seven. These are subdivided into Sections and 
Clauses, and any part of the Constitution is always referred 
to by its Article, Section, and Clause. The first Article is 
on the Legislative Department of the government. It is 
much the longest Article of the Constitution and will include 
the next six chapters. 

Article I. Section I. All legislative powers herein 
granted shall he vested in a Congress of the United States , 
which shall consist of a Senate and House of Representa¬ 
tives. 

The Two Rouses of Congress. Congress, which makes 
the laws of the United States, is divided into two branches, 
or Houses, and, as we shall see later, every law must be 
approved by each branch. Each House acts as a check on 
the other and often corrects the other’s mistakes in pro¬ 
posed legislation. Although having two Houses often delays 
the passage of a needed law and sometimes prevents it alto¬ 
gether, when the two Houses are controlled by different 
political parties, yet, on the whole, the plan is a good one, 
especially in preventing hasty and ill-considered legislation. 
The various nations of the world having legislative bodies 

( 23 » 



24 


NATION AND STATE 


now, almost without exception, have them divided into two 
branches, and every State Legislature in the United States 
is thus divided. 

Although the practice of having double legislative bodies is now 
general, it has not always been so. The Continental Congress had 
but one branch, and before the adoption of the Constitution of the 
United States, Pennsylvania and Georgia each had but one legislative 
body. 

Section II. Clause 1 . The House of Representatives 
shall be composed of members chosen every second year by the 
people of the several States , and the electors in each State 
shall have the qualifications requisite for electors of the most 
numerous branch of the State Legislature . 

Representatives Elected Every Two Years. This clause 
makes two years the term of office of a Representative in 
Congress, and at the end of that time, if not re-elected, he 
must retire from office. Most Representatives are elected 
for more than one term, and it is very important, not 
only to the community which elects him, but to the whole 
country, that an upright, efficient Representative should be 
re-elected term after term. A Representative almost always 
spends the whole of his first term in learning the duties of 
his office and how best to serve the people. Those States 
which keep the same Representatives in Congress for many 
years have much more power and influence in the government 
than those which frequently change them. 

Representatives Chosen by the People. This clause also 
provides that the Representatives shall be chosen directly 
by the people. As we shall afterward learn, Senators and 
the President are not chosen directly by the people, but 
the people vote directly for the Representatives, and this, 


THE HOUSE OF REPRESENTATIVES 


25 


together with their frequent election, makes them generally 
careful to represent and carry out the will of the people. 

Electors. The word electors here means voters, and in 
each State those persons who vote for members of the most 
numerous branch of the State Legislature also vote for 
Representatives in Congress. In almost all of the States 
the most numerous branch of the State Legislature is also 
called a House of Representatives, so that those who any¬ 
where vote for the State Representatives also vote for the 
National Representatives. 

Congressional Districts. Gerrymandering. Every State which has 
more than one Representative in Congress is divided by its Legislature 
into as many Congressional districts as it has members of Congress. 
The voters of each of such districts elect one Congressman. This divi¬ 
sion of the State into Congressional districts is done every ten years, 
after the census has been taken, and the population of the various 
counties is known, and the whole number of Congressmen from the 
State fixed. The State Legislatures should divide the State into Con¬ 
gressional districts equal in population, and without seeking advantage 
for either political party, but it is now the general practice for the 
political party controlling the government of a State at the time of 
the apportionment so to arrange the districts as to give its party the 
largest possible number of Congressmen, and to give the other party 
the smallest possible number. This is called Gerrymandering, from 
Elbridge Gerry, Governor of Massachusetts, and afterward Vice-Presi¬ 
dent of the United States. In 1812, while Gerry was Governor, the 
Legislature of Massachusetts, for political advantage, made a dis- 
i trict w r hose shape was something like a dragon. Gilbert Stuart, the 
famous painter, seeing this district outlined on a map in a newspaper 
office, added a head, wings, and claws to it with his pencil, and said, 
“That will do for a salamander.” “Better say Gerrymander,” said 
the editor; and so the name originated. Gerrymandering is generally 
done by making for the majority party as many districts as possible, 
each comparatively small in population and having a safe majority 
for the party, while the minority party is given the smallest possible 
number of districts, large in population, so that no matter how many 








26 


NATION AND STATE 


voters it may have, it can only elect a few Congressmen. To arrange 
this, the Congressional districts are frequently distorted quite as badly 
as in the original Gerrymander. A map showing the Congressional 
districts of a State, when compared with the census reports and the 
election returns for the various districts, often affords a striking lesson 
in practical but discreditable and pernicious politics. 

Voting for the Most Numerous Branch of the State Legislature. When 
the Constitution was made some of the States made a difference between 
those who might vote for the most numerous branch of the State Legis¬ 
lature (Representatives) and those who might vote for the least numer¬ 
ous branch (Senators). It required a higher qualification as to age 
or wealth to vote for a State Senator than for a State Representative. 
To allow all who voted for the most numerous branch of the State 
Legislature to vote for members of Congress gave a larger number 
the right to vote for them, and made them more truly representatives 
of the people. Every State has long since abolished all distinctions 
between the voters for the two branches of its Legislature, and in all 
the States all regular voters now vote for members of either House of 
the State Legislature and for all elective State officers, as well as for 
the Representatives in Congress. 

The States Decide Who May Vote for Congressmen. This clause, 
however, establishes the very important fact that the right to vote for 
Representatives in Congress is given not by the United States, but 
by the laws of the several States. And the qualifications of voters for 
State officers and Congressmen may and do vary greatly in the differ¬ 
ent States. In four of the States women may now vote for all these offi¬ 
cers; in some States voters must have paid taxes; in others they must 
have certain educational qualifications, etc. It must not be forgotten 
that the right to vote, not only for all State officers, but for Representa¬ 
tives in Congress and for all elective officers of the United States, rests 
upon the authority and consent of the State, subject to the single 
restriction found in the Fifteenth Amendment to the Constitution, 
which prohibits any State from denying the right to vote ‘‘on account 
of race, color, or previous condition of servitude.” 

Section II. Clause 2. No 'person shall he a Representa¬ 
tive who shall not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, and who 


THE HOUSE OF REPRESENTATIVES 


27 


shall not, when elected, he an inhabitant oj that State in which 
he shall he chosen. 

A Representative Must be Twenty-five Years Old. The 

first qualification was evidently intended to secure reason¬ 
able maturity and experience in our Congressmen. The 
age limit is certainly not too high, perhaps it is too low, but 
in practice a man rarely gets into Congress until he is con¬ 
siderably more than twenty-five years old. 

A Foreign-bom Representative Must have been a Citizen 
Seven Years. The second qualification applies to foreign- 
born citizens. Under our present laws a foreigner must- 
live in this country for five years before he can become a 
citizen. Then, as this clause provides, he must live here 
seven years longer, or twelve years in all, before he can be 
a Representative in Congress. This should enable him to 
know thoroughly the needs and wishes of his constituents. 

A Representative Must be a Resident of the State in which 
He is Elected. In the third place, a Representative must 
be, when elected, an inhabitant of the State in which he is 
elected. 

These three are the only constitutional qualifications of a 
Representative, and no State can require additional quali¬ 
fications. But, as we shall see later, the House of Repre¬ 
sentatives itself may, and occasionally does, refuse to admit 
as Representatives persons who have all of the above 
qualifications and who have been properly elected. (See 
p. 45.) 

Representatives Not Necessarily Residents of their Congressional 
Districts. It will be noticed that the third qualification does not require 
a Representative to be an inhabitant of the Congressional district which 
elects him, but only of the State. A district may elect a Representative 
from any part of the State, and there have been several instances of 




28 


NATION AND STATE 


districts electing Representatives who had never lived in those districts. 
But this is a rare practice. The desire to have a Congressman who 
knows his constituents and their needs, and who can serve them indi¬ 
vidually, generally makes the election of an outsider impossible. Many 
intelligent and public-spirited persons contend that this is a mistake, 
and that we should frequently get better Congressmen if it were the 
custom to elect them from any part of the State. In Great Britain 
the voters often elect members of Parliament who live in other dis¬ 
tricts, and the practice is generally considered advantageous to the 
country. There is, however, no present tendency toward a change 
in this direction in the United States. 

Section II. Clause 3. Representatives and direct taxes 
shall be apportioned among the several States which may be 
included within this Union , according to their respective 
numbers . . . excluding Indians not taxed. 

The actual enumeration shall be made . . . every 

. . . ten years, . . . each State shall have at least 

one Representative. 

Trouble about the Representation of the States. The First 
Compromise. The representation of the different States in 
Congress was the most troublesome question which the 
makers of the Constitution had to settle. The small States 
insisted that the States should all have the same number 
of Representatives as well as the same number of Senators, 
for they feared that if Congress were proportioned to the 
populations of the States a few large States could combine, 
control the government, and deprive the small States of 
their rights and liberties. The large States insisted that 
their greater population and wealth entitled them to a 
larger share in the government, and feared that a com¬ 
bination of the smaller States would compel them to pay 
an undue share of the taxes. This controversy was settled 
by a compromise between the delegates from the small 


THE HOUSE OF REPRESENTATIVES 


29 


and the large States. It was agreed that the number of 
Representatives from each State should be proportioned 
to its population, but that the number of Senators from 
each State should be the same. In the House of Repre¬ 
sentatives the different States now have from one to thirty- 
seven members, according to their population, while in 
the Senate each State, large or small, has two members. 
This was the first and most important of the three com¬ 
promises in the framing of the Constitution. 

Untaxed Indians Not Represented in Congress. The only 
persons not counted in the enumeration that decides how 
many Representatives a State shall have are the untaxed 
Indians living in the State. The untaxed Indians are under¬ 
stood to be those who live in tribes on government reserva¬ 
tions. Scattered Indians and those living among the whites, 
even if too poor to pay any taxes, are considered as sub¬ 
ject to taxation, and are counted in the enumeration deter¬ 
mining the number of Representatives. As the members of 
all the political parties, all the women and children, and 
even the newly arrived foreigners in the State are counted 
in this enumeration, it would seem to be clear that a Repre¬ 
sentative should aim to represent and serve the best inter¬ 
ests of all his constituents, and indeed of the whole country, 
and not merely those of the voters who elected him. 

The Representatives Reapportioned Every Ten Years. Every 
ten years a census, or count, is made of all the people in 
the country. When the population of each State is thus 
found, Congress determines the size of the House of Repre¬ 
sentatives for the next ten years and divides the Repre¬ 
sentatives among the different States in proportion to the 
population of each. But each State, no matter how small 
its population, has at least one Representative. 





30 


NATION AND STATE 


How the Representatives are Apportioned. In apportioning the mem¬ 
bers of Congress among the States, the whole number of Representa¬ 
tives is first decided upon. For many years the leading members of 
Congress have felt that the number of Representatives should not be 
increased, because the House is growing too large for discussion and 
the proper transaction of business. But at each reapportionment the 
opposition of the slow-growing States to giving up part of their repre¬ 
sentation, on account of the growth of population elsewhere, brings 
about an increase in the total number. In the apportionment of 1901 
the number of Representatives was increased from 357 to 386 (now 
391), just providing for the necessary increase in the -representation 
of the growing States, without reducing the representation of any of 
the others. In making the apportionment the population of all the 
States is taken from the census reports; from this number is subtracted 
the population of all the small States, which will evidently have but 
one Representative each. The total population of the remaining States 
is then divided by the total number of Representatives they are to have, 
and the quotient is the ratio of representation, which in the appor¬ 
tionment of 1901 was 194,182. Then the population of each State is 
divided by this ratio to determine the number of Representatives from 
that State. In practice there is always a remainder from such a divi¬ 
sion, and these remainders amount to so much that the sum of all the 
quotients, or members assigned to the different States by these divisions, 
does not equal the total number of members to be apportioned. One 
such extra member is assigned to the State having the largest remainder 
after the division, another to the State having the next largest remain¬ 
der, and so on until all the Representatives are apportioned. 

Congressmen-at-Large. On account of the increase in the 
number of its Representatives it often happens that a State 
is entitled to elect more Representatives than it has Con¬ 
gressional districts. In such a case, until the State’s Legis¬ 
lature redistricts the State, the additional members are elected 
by the votes of the whole State’, just as its Governor is elected. 
Such Representatives are called Congressmen-at-Large. 

Direct Taxes. Direct taxes mean taxes which must be 
paid by the person upon whom they are assessed, such as 


THE HOUSE OF REPRESENTATIVES 


31 


poll tax, or tax upon the house 'which a man owms and in 
w T hich he lives. An indirect tax is one which the taxpayer 
can shift upon someone else, such as the duty which a 
merchant pays upon goods which he imports from foreign 
countries, for he shifts this tax upon his customers by add¬ 
ing the amount of the duty to the price of his goods. The 
provision that direct taxes should be laid in proportion to 
population was a part of the first compromise of the Con¬ 
stitution, intended to protect the property of the larger and 
richer States from unfair taxation. As a matter of fact, 
the national government now lays no direct taxes, but all 
its taxes are indirect taxes, as w 7 e shall see later. A few 
times in our history, when the government had great need 

of more revenue, direct taxes w r ere laid, but the United 

* 

States treasury has received no income from this source 
since about the time of the Civil War. 

What are Direct Taxes? The Supreme Court of the United States 
formerly held that direct taxes, as used in the Constitution, mean 
only taxes on real estate and poll or capitation taxes. This is not the 
general and usual meaning of the phrase, but in accordance with this 
decision direct taxes laid by Congress could be of these two kinds 
only. Previous to the Civil War direct taxes were laid by Congress 
but four times in our history: in 1798, 1813, 1815, and 1816. In 1861 
a direct tax of twenty million dollars was laid and apportioned among 
the States and Territories in proportion to their population, as pro¬ 
vided in the Constitution. But all of the Union States and Territories, 
except Delaware and Colorado, paid their share of the tax from the 
State treasuries. 

An Income Tax Unconstitutional. From the beginning of the Civil 
War until 1872 Congress also laid and collected a tax on incomes. 
In 1894 Congress laid a tax of 2 per cent, on incomes without appor¬ 
tioning the tax among the States, but exempting all incomes of less 
than four thousand dollars from this tax, and also exempting four 
thousand dollars from taxation when the income was above that amount. 

3 




32 


NATION AND STATE 


But the Supreme Court, reversing its prior decision, decided that the 
act taxing incomes without apportionment was unconstitutional, be¬ 
cause a tax upon real estate or income therefrom, or personal property 
or income therefrom, is a direct tax, and therefore it should be levied 
in proportion to the population. And so now and for many years past 
all the taxes paid into the treasury of the United States have been 
indirect taxes; what they are w T e shall see later. It must, however, 
be remembered that there are other taxes than those laid by Congress. 
Everywhere the States, counties, cities, townships, etc., lay and collect 
taxes to pay their expenses. These governmental subdivisions are 
not hampered in laying direct taxes as is Congress, and all of them lay 
and collect direct taxes. 

Three-fifths of the Slaves Formerly Counted in Fixing the Representa¬ 
tion from a State. By referring to the full text of this clause (see Appen¬ 
dix, p. ii) it will be found that the original Constitution provided that 
for the apportionment of Representatives and direct taxes there should be 
added to the whole number of free persons , including those bound to 
service for a term of years , and excluding Indians not taxed, three-fifths 
of all other persons. The words “ all other persons' referred to the 
slaves, although the words slave and slavery were carefully avoided in 
the original Constitution. This was also a part of the first compromise 
of the Constitution. The delegates in the Constitutional Convention 
5rom the Northern States contended that as the Southern States would 
not allow their slaves to vote, they should not be counted in fixing 
the number of Congressmen from those States; but the Southern States, 
especially North and South Carolina and Georgia, insisted that they 
should be thus counted. Finally this difference was compromised by 
counting three-fifths of the slaves. As long as slavery lasted this 
provision increased the number of Congressmen from the Southern 
States by from fifteen to thirty members. And a slaveholder having 
on his plantation five hundred slaves could count three hundred and 
one persons in the enumeration for a Congressman, yet he would cast 
the only vote among them. It was expected that the national taxes 
would also be increased in the Southern States by this provision, but, 
as we have seen, direct taxes were so rarely laid that this expectation 
was not realized. With the abolition of slavery at the close of the Civil 
War this clause became void, and now, in the words of the Fourteenth 
Amendment to the Constitution, adopted in 1868, the apportionment 


THE HOUSE OF REPRESENTATIVES 


33 


of Representatives, as well as of direct taxes (should Congress lay any) 
is made according to the whole number of persons in each State, ex¬ 
cluding Indians not taxed. 

Section II. Clause 4. When vacancies happen in the 
representation from any State, the executive authority thereof 
shall issue writs of election to fill such vacancies. 

Filling an Unexpired Term in the House. When a Repre¬ 
sentative dies, or his place otherwise becomes vacant 
before his term ends, the Governor of his State fixes a day 
when the voters of his Congressional district shall elect a 
new Congressman to represent them for the remainder of 
the unexpired term. This is usually done soon after the 
vacancy occurs, and at a special election. 

Section II. Clause 5. The House of Representatives 
shall choose their Speaker and other officers, and shall have 
the sole power of impeachment. 

The Speaker and His Importance. Speaker is the title 
always given to the presiding officer of the House of Repre¬ 
sentatives. It comes from the title of the presiding officer 
of the House of Commons in England, who was so called 
because he spoke for the House when addressing the king. 
At the opening of the first session of each House of Repre¬ 
sentatives the members of the House elect one of their 
number Speaker, and he presides throughout both annual 
sessions, or for tw T o years. The office of Speaker of the 
House of Representatives has in recent years grown into 
great importance. This is chiefly because he appoints the 
standing committees, which, as we shall see later, are so im¬ 
portant in the making of laws; also because, by recognizing 
or refusing to recognize a member who wishes to offer a 
motion or to speak, he may help or hinder legislation; and 


34 


NATION AND STATE 


because he is the chairman and appointer of a small Com¬ 
mittee on Rules, which now practically dictates what meas¬ 
ures shall or shall not come up in the House of Representa¬ 
tives. It is not too much to say that in ordinary times the 
Speaker of the House of Representatives now is, next to 
the President, the most important and influential officer 
of the government. The Speaker, like any other member, i 
has a right to vote, but, having voted, has no further right 
to vote in case of a tie vote. 

Other Officers of the House. The other officers are also 
elected by the members of the House every two years, but 
are not themselves members of the House. 

The most important of these is the Clerk, who is the secretary of the 
House. He has charge of the House’s records and of the bills that 
are being made into laws. He holds over into the opening of the next 
Congress, and makes up the roll of its members and presides while 
they organize by electing their Speaker and other officers. He is usually 
an ex-member of the House. The Sergeant-at-Arms maintains order 
in the House, summons absent members, and makes arrests and sum¬ 
mons witnesses when so directed by the House. The Doorkeeper has 
charge of the hall in which the Representatives meet, and when the 
House is in session his assistants are at all the doors on the lower floor 
to keep out all but members and the few others who are allowed to 
go in. The Postmaster looks after the mail of the members. The 
Chaplain opens each day’s proceedings with prayer. 

Impeachment. When a majority of the Representatives 
believes that an officer of the government has been guilty 
of such misconduct that he should be removed from office, 
they may bring charges against him before the Senate. 
This is impeachment. The officer who has been thus 
impeached by the House of Representatives is then tried 
by the Senate, as we shall see later. 

































' 
















I 











! 






















































































INTERIOR OF UNITED STATES SENATE CHAMBER 











































CHAPTER V. 


THE SENATE. 

Article I. Section III. Clause 1 . The Senate of the 
United States shall be composed of two Senators from each 
State, chosen by the Legislature thereof for six years; and 
each Senator shall have one vote. 

The States Equally Represented in the Senate. As a result 
of the first compromise of the Constitution each State was 
given two Senators. So Nevada, with about forty thousand 
inhabitants, has the same vote in the Senate of the United 
States as New York with more than seven millions of in¬ 
habitants. And we shall see later that the Constitution of 
the United States can never be changed so as to deprive any 
State of an equal representation in the Senate without its 
consent. As it is extremely unlikely that any State will 
ever consent to be deprived of such equal representation, 
this part of the Constitution is practically unchangeable. 

Great Importance of the Senators. As the Senators were 
expected to represent the whole State, it was decided to 
have them elected by the State Legislatures. A six years’ 
term of office for its members makes the Senate a more 
experienced and more conservative body than the House 
of Representatives. Representatives may be changed 
every two years, Senators not for six years. Their long 
terms, small number, and great power have made the 
position of Senator a very honorable and important one. 

( 35 ) 



36 


NA TION AND ST A TE 


The provision that each Senator shall have one vote 
prevents any States from having more power in the Senate 
than the others by the roundabout way of securing for their 
Senators more than a vote apiece. 

How the Senators are Chosen. At the last session before the expira¬ 
tion of the term of a Senator, the State Legislature chooses his suc¬ 
cessor. A law of Congress requires that on the second Tuesday after 
the Legislature meets each House shall take a separate vote for a Sena¬ 
tor. The next day both Houses meet together, and if on the day before 
any candidate received a majority of the votes of each House he is 
declared elected. If no one had received a majority in each House, the 
two Houses vote for Senator in joint session, and must continue to 
vote in joint session every day until some candidate receives a majority 
of all the votes cast, or until the Legislature adjourns. 

Section III. Clause 2. Immediately after they shall 
be assembled in consequence of the first election . they shall be 
divided as equally as may be into three classes. The seats of 
the Senators of the first class shall be vacated at the expiration 
of the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every second year; 
and if vacancies happen by resignation or otherwise, during 
the recess of the Legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of 
the Legislature, which shall then fill such vacancies. 

Senators Divided into Three Classes. In accordance with 
this provision, the members of the Senate were, at their 
first session in 1789, divided into three classes, whose terms 
ended in two, four, and six years, and in no case were the 
two Senators from one State put into the same class. This 
plan has always been kept up with the Senators from the 
new States, so that the terms of one-third of the Senators 


THE SENATE 


37 


always expire and their successors are elected every two 
years. 1 he two Senators from any State are, therefore, 
chosen at alternate intervals of two and four years. This 
is an important provision. It makes the Senate a continu¬ 
ous body, and at least two-tliirds of its number are always 
experienced members, It is a more conservative body 
than the House of Representatives, and as many of the 
Senators are re-elected after serving out their term, the 
Senate is a body of great influence and importance, and has 
always included some of the ablest and foremost statesmen 
of the country. 

Filling an Unexpired Term in the Senate. When a vacancy 
occurs in a Senatorship of any State, its Legislature elects 
a new Senator for the unexpired term; but if the Legisla¬ 
ture is not in session when the vacancy occurs, the Governor 
of the State may appoint a Senator to serve until the Legis¬ 
lature elects his successor. 

If a “deadlock” among the political parties occurs when a Senator 
should be chosen, and the Legislature adjourns without an election, 
the Governor cannot fill the vacancy; and a Senator who has filled 
a vacancy before the Legislature met must, at the adjournment of 
the Legislature, give up his seat, which remains vacant until the Legis¬ 
lature again meets and fills it. If the vacancy in the Senate occurs 
while the Legislature is in session, the Governor cannot fill it, even if 
the Legislature should adjourn without making an election, and the 
State will have but one Senator until its Legislature meets and fills 
it. This was settled in a famous case in 1899. There were three 
parties in the Legislature of Pennsylvania that winter, neither having 
a majority of the members. After taking daily votes for several months, 
the Legislature adjourned without electing a Senator. The Governor 
of the State then appointed ex-Senator Quay, whose term had just 
expired; but the Senate refused to admit him, and Pennsylvania had 
but one Senator until the State Legislature met two years later and 
filled the vacancy. 



38 


NATION AND STATE 


Section III. Clause 3. No 'person shall be a Senator 
who shall not have attained to the age of thirty years, and 
been nine years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for which 
he shall be chosen. 

Senators Have Higher Qualifications than Representatives. 

The makers of the Constitution intended that the Senators 
should be older and more experienced than the Repre¬ 
sentatives. Representatives may be elected at the age of 
twenty-five, but Senators must be five years older, and, 
if of foreign birth, they must have lived in the country 
two years longer than Representatives. In fact, the Sena¬ 
tors are usually much older and more experienced in public 
affairs than the Representatives. 

Section III. Clause 4. The Vice-President of the 
United States shall be President of the Senate, but shall have 
no vote, unless they be equally divided. 

The Vice-President Presides over the Senate. The House 
of Representatives elects its presiding officer, but the Con¬ 
stitution makes the Vice-President the presiding officer of 
the Senate. As the Vice-President is a citizen of one of 
the States, if he had a vote on all questions, as the Speaker 
of the House has, his State would have three votes in the 
Senate; so he never votes except in the rare case of a tie vote. 

The Vice-President lias much less power in the Senate than does 
the Speaker in the House of Representatives. He does not appoint 
the standing committees, but they are appointed by vote of the Senate 
itself. And there is no autocratic Committee on Rules in the Senate 
such as arbitrarily prescribes what questions may or may not come 
up in the House of Representatives. It is evident that the Vice-Presi¬ 
dent’s casting vote is of use only when he is in favor of a motion, for 
a tie vote always defeats a motion. 




THE SENATE 


39 


Section III. Clause 5 . The Senate shall choose their 
other officers, and also a 'president pro tempore, in the absence 
of the Vice-President, or when he shall exercise the office of 
President of the United States. 

The Senate's President Pro Tempore and Other Officers. 

The officers of the Senate are about the same and have 
practically the same duties as those of the House of Repre¬ 
sentatives, namely, Secretary, Sergeant-at-Arms, Door¬ 
keeper, Postmaster, and Chaplain. They are not members 
of the Senate. 

As soon as convenient after a new Vice-President begins 
to preside over the Senate, he absents himself temporarily 
to give the Senate an opportunity to elect one of its own 
number president pro tempore. He is chosen for an indefinite 
term, and may be superseded by another Senator at any 
time that the Senate votes to do so. But, once elected, a 
president pro tempore usually continues to serve until his 
term expires or until his party becomes a minority in the 
Senate. Where there is a Vice-President, the president 
pro tempore only presides during the occasional absences 
of the Vice-President. If the Vice-President dies or becomes 
President of the United States, the president pro tempore 
becomes the regular presiding officer of the Senate. Should 
he be absent temporarily he calls upon any Senator to pre¬ 
side in his place. Being a member of the Senate, the presi¬ 
dent pro tempore has a right to vote on any question, but, 
having thus voted, has no casting vote afterward in case 
of a tie. 

Section III. Clause 6 . The Senate shall have the sole 
power to try all impeachments. When sitting for that pur¬ 
pose they shall be on oath or affirmation. When the President 




40 


NA TION AND ST A TE 


of the United States is tried the Chief Justice shall preside. 
And no person shall be convicted without the concurrence of 
two-thirds of the members present. 

Impeached Officers Tried by the Senate. When the House 
of Representatives has impeached an officer of the United 
States by bringing charges against him before the Senate, 
the Senate tries him upon these charges. A committee of 
the House of Representatives prosecutes the case and may 
employ lawyers to assist in the prosecution. The accused 
official may employ lawyers to defend him. Both sides 
have their witnesses heard. The Senate acts both as judge 
and jury in the case. Unless two-thirds of the Senators 
vote to convict him, the impeached officer is acquitted. 

Except when the President of the United States is im¬ 
peached the Vice-President, or the president pro tempore 
of the Senate, presides at the trial. If the President is 
impeached, the Chief Justice of the Supreme Court presides 
at the trial, because the Vice-President might be biased, 
for, if the President were convicted, the Vice-President 
would himself become President. 

Section III. Clause 7. Judgment in cases of impeach¬ 
ment shall not extend further than to removal from office and 
disqualification to hold and enjoy any office of honor, trust, 
or profit under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, 
judgment, and punishment according to law. 

The Punishment of Impeached Officials who are Convicted. 

It follows from this that an impeached official who has 
been found guilty by a two-thirds vote of the Senate may 
by vote of he Senate be removed from his office, and may 
also be prevented from ever holding a national office again. 


THE SENATE 


41 


A later clause of the Constitution (see p. 136) requires that 
he shall always be removed from office, so that the only 
option left to the Senate is to decide whether he shall or 
shall not ever hold office under the government again. 
The purpose of impeachment is not to punish officials for 
their misdeeds, but to remove them from office, and, if it 
is deemed best, to prevent them from ever again holding 
government offices. 

But if the official's offence deserves it, he may be tried 
and punished by the courts just as in the case of anyone 
else committing such an offence. 

Impeachments have been rare in the United States, there having 
been but eight cases in all. In but two of them were the officials, both 
judges of the lower United States Courts, convicted. One of these was 
removed and disqualified from holding office again; the other was 
simply removed. With the exception of the judges, the President has 
the power to remove all officers appointed by him. Such of them as 
misbehave may, therefore, be removed by the President without im¬ 
peachment. The most famous impeachment was that of President 
Andrew Johnson, in 1868, who was charged with removing officials 
contrary to law (which law he contended was unconstitutional), and 
with making violent and untrue charges against members of Congress 
in his public speeches. The final vote of the Senate was thirty-five 
for conviction and nineteen for acquittal, and as there was not quite 
a two-thirds vote for conviction he was acquitted. 

After the impeachment of President Johnson in 186S, there was no 
case of impeachment for many years, except that of Secretary of War 
Belknap, who was impeached by the House in 1S76, but not tried by 
the Senate because he had already resigned and President Grant had 
accepted his resignation. But in 1905, Charles Swayne, United States 
District Judge for Northern Florida, was impeached by the House 
and tried by the Senate for making overcharges in his expenses, resid¬ 
ing outside of his district, and other improper conduct. But the Senate 
considered the charges unfounded or trivial and acquitted him. 

Senators and Representatives are not subject to impeachment, for 



42 


NATION AND STATE 


i 


they are not, strictly speaking, officers of the United States. They 
may be removed by the votes of two-thirds of their respective blouses, 
as we shall see later (see p. 46). Officers of the army and navy are 
not subject to impeachment. They are tried before special military 
or naval courts called courts martial, which are appointed by the 
President. 


CHAPTER VI. 


REGULATIONS OF CONGRESS. 

Article I. Section IV. Clause 1 . The times, places, 
and manner of holding elections for Senators and Representa¬ 
tives shall he prescribed in each State by the Legislature thereof; 
but the Congress may at any time by law make or alter such 
regulations except as to the place of choosing Senators. 

Election of Senators and Representatives. For many years 
after the adoption of the Constitution, the times, places, 
and manner of electing Senators and Representatives was 
left wholly to the States. But now an act of Congress 
requires that unless their State Constitutions fix a different 
date, all Representatives shall be chosen on the next Tues¬ 
day after the first Monday in November every even year. 
Almost all State officers, as well as national officers, are 
now elected on this day. Congress is forbidden to interfere 
with the State legislatures in fixing the places where the 
Senators are elected, because, as they are elected by the 
State legislatures, this would give Congress the right to 
fix the capitals of the States. 

Oregon elects its Congressmen on the first Monday in June; Ver¬ 
mont on the first Tuesday in September, and Maine on the second 
Monday in September. All of the others are elected on the next Tues¬ 
day after the first Monday in November. The election of each Repre¬ 
sentative by a separate district is also required by an act of Congress. 

Section IV. Clause 2. The Congress shall assemble 

at least once in every year, and such meeting shall be on the 

(43) 


44 


NATION AND STATE 


first Monday m December, unless they shall by law appoint 
a different day. 

The Two Sessions of Congress. The regular sessions of 
Congress still begin every year on the first Monday in 
December. The first session of each Congress is called 
the long session, and lasts until the members are ready to 
adjourn, which is generally in the early summer. The 
second session is called the short session, because it is obliged 
to adjourn on March 4th, when the terms of all the Repre¬ 
sentatives end. 

The term of office and the pay of a Representative begin on the 4th 
of March following his election, about four months after he is elected; 
but his first regular session of work does not begin until the next Decem¬ 
ber, more than a year after his election. The Congress which meets in 
the December following a Congressional election is the one which was 
elected two years before, and among its members are always those 
who were defeated for re-election at the recent election, but have the 
short session to serve before their term expires. Theoretically the 
short session and the terms of the Representatives end at midnight 
on March 3d, but the session of March 3d is continued now without 
adjournment until noon of March 4th, and is considered and recorded 
as still being a part of March 3d. 

Congresses are numbered, each Congress lasting through the term 
of one set of Representatives, or two years. The first Congress lasted 
from March 4, 1789, to March 4, 1791. So a little subtraction and 
division will show that the Congress meeting between March 4, 1905, 
and March 4, 1907, would be the Fifty-ninth Congress. 

Section V. Clause 1 . Each House shall be the judge 
of the elections, returns, and qualifications of its own members, 
and a majority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and may be 
authorized to compel the attendance of absent members, in such 
manner and under such penalties as each House may provide. 


REGULATIONS OF CONGRESS 


45 


Each House Decides upon the Admission of its Members. 

Disputed elections throughout the country are generally 
settled by the courts, but the Constitution gives the Senate 
and the House of Representatives the sole right to decide 
their own contested elections, and they are of frequent 
occurrence. Either House may also refuse to admit a 
member even if his election is undisputed, and if he has 
the constitutional qualifications of age, citizenship, etc., 
although this power is rarely exercised. 

In 1900 the House of Representatives refused to admit Brigham 
H. Roberts, Representative-elect from Utah, because he was a 
polygamist. 

The Majority of its Members a Quorum in Each House. 

The Constitution very properly requires that a majority of 
all the members of each House of Congress makes a quorum, 
or the number necessarily present to do any business. But 
as a sufficient number of members might prevent any busi¬ 
ness being done by absenting themselves carelessly or pur¬ 
posely, a minority may meet and adjourn every day, and, 
meantime, compel the attendance of enough of the absentees 
to make a quorum. In such cases the absent members are 
hunted up by the Sergeant-at-arms or his deputies. 

While a majority of any body would seem to be the natural number 
to constitute a quorum, on account of the difficulty of securing so large 
an attendance, in many bodies the quorum is less, and often much less, 
than a majority. This is true of most churches and other societies. 
In the English House of Commons, with 670 members, 40 make a 
quorum; and in the House of Lords, with about 600 members, 3 
make a quorum. 

Section V. Clause 2. Each House may determine the 
rules o) its 'proceedings , punish its members jor disorderly 





46 


NATION AND STATE 


behavior , and with the concurrence of two-thirds expel a 
member . 

The Rules of the House. Each House should clearly make 
its own rules. The Senate being a continuous body, its 
rules continue in force until changed. But at the beginning 
of its first session the new House of Representatives must 
adopt rules. These are always the rules of the preceding 
House, with perhaps a few changes. 

The rules of the Houses are complicated, and one reason why new 
members rarely take a prominent part in Congress is that it generally 
takes them a long time to learn these rules. The rules of the Senate 
are more liberal than those of the House. In the House no member 
may speak on any question longer than one hour without the permis¬ 
sion of the House, but a Senator may speak as long as he chooses, con¬ 
tinuing his speech from day to day, and, in order to prevent the passage 
of a bill, a Senator, near the end of a session, sometimes speaks con¬ 
tinuously until the hour of final adjournment in order to prevent a 
vote upon it. The rules of the Senate make no provision for ending 
a debate so long as the members choose to continue it, while in the 
House of Representatives a majority may at any time end a debate and 
force a vote by calling for the previous question. 

Punishments of Congressmen. Each House may and 
does punish its members for disorderly conduct. This 
usually arises from heated political controversies during 
debates, and the ordinary punishment is a vote of censure 
passed by the House. A member is sometimes suspended, 
and occasionally one is expelled, the latter punishment 
requiring a two-thirds vote to prevent its being done by a 
bare political majority. 

Section V. Clause 3. Each House shall keep a journal 
of its proceedings and from time to time publish the same , 
excepting such parts as may in their judgment require secrecy; 
and the yeas and nays of the members of either House on any 




REGULATIONS OF CONGRESS 


47 


question shall , at the desire of one-fifth of those present , he 
entered on the journal. 

The Sessions of Congress Generally Public. The sessions 
of the House of Representatives are always open to the 
public, large galleries in their hall being provided for it. 
The meetings of the Senate are also open to the public, 
except when treaties with foreign countries and the con¬ 
firmation of the President’s appointments to office are 
being considered. All of these proceedings, except those 
of the secret meetings of the Senate, are published in the 
Congressional Record for free distribution by the members 
of Congress. 

How Congress Votes. The ordinary way of voting is viva 
voce —that is, those who favor the motion call out “aye,” 
and then those who oppose it call out “no,” the presiding 
officer deciding from the sound how the majority voted. 
If the presiding officer cannot decide from the sound, he 
asks each side to stand until counted, and one-fifth of those 
present can always have the vote taken over again by yeas 
and nays. This means that the roll is called and all present 
vote, and a record of the votes of all the members is made, 
which record, except in the secret sessions of the Senate, 
is published in the Congressional Record and usually in the 
newspapers. 

If a member of the House of Representatives is dissatisfied with the 
Speaker’s decision as to a vote, he may call for tellers, and if a fifth of 
a quorum joins in the request the Speaker appoints two members as 
tellers, who stand facing each other in front of the Speaker’s desk. 
Those in favor of the motion pass between the tellers and are counted, 
and then those opposed to the motion do the same. The tellers report 
the vote to the Speaker and he announces it to the House. This is 
called a division. • It is not practised in the Senate. 

4 





48 


NATION AND STATE 


Section V. Clause 4. Neither House, during the ses¬ 
sion of Congress, shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than 
that in which the two Houses shall be sitting. 

The Two Houses Must Meet at the Same Place. This pre¬ 
vents either House from delaying legislation by adjourning 
without the consent of the other, or from accomplishing 
the same purpose by moving its place of meeting to a dis¬ 
tance without the consent of the other House. 

Both Houses may by agreement adjourn at any time or may change 
their place of meeting. Congress has passed a law authorizing the 
President to convene Congress at some other place than Washington 
if its safety or other cause makes it necessary. 

Section VI. Clause 1 . The Senators and Representa¬ 
tives shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the United 
States. They shall in all cases, except treason, felony, and 
breach of the peace, be privileged from arrest during their 
attendance at the sessions of their respective Houses, and in 
going to and returning from, the same; and for any speech 
or debate in either House they shall not be questioned in any 
other place. 

The Salary of Congressmen. Senators and Representatives 
now receive seven thousand five hundred dollars per year. 
The Speaker of the House of Representatives receives twelve 
thousand per year; the President pro tempore of the Senate 
receives twelve thousand dollars per year when there is no 
Vice-President. 

Each member of Congress receives mileage at the rate of twenty cents 
for each mile travelled both in going to and returning from Wash¬ 
ington, and for each session, the distance to be by the shortest route. 


REGULATIONS OF CONGRESS 


49 


Each Congressman is also given twelve hundred dollars per year with 
which to pay a secretary, and one hundred and twenty-five dollars’ 
worth of stationery. By writing or stamping his name on them, all 
his official letters, documents, books, etc., are carried free in the mails. 
He is forbidden by law to take any pay from individuals or corpora¬ 
tions for anything that he may do in Congress. 

Congressmen Free from Arrest. Except for serious offences, 
treason, felony, and breach of the peace, Congressmen 
cannot be arrested while in Washington during a session 
of Congress, nor on their way to Washington to attend such 
a session, nor on their way home from one. This is to pre¬ 
vent their arrest and detention from attending sessions of 
Congress for unnecessary causes. And if arrested during 
a vacation of Congress, for any cause except those men¬ 
tioned, they must be released in time to reach Washington 
by the beginning of a session of Congress. 

Treason is an attempt to overthrow one’s government; 
felony is a general term for some grave crime, such as mur¬ 
der, forgery, etc.; breach of the peace is disorderly conduct. 
For these serious offences even public duty should not 
shield a Congressman. But a charge of a minor offence, 
or of debt, or a summons as a witness or juror should not 
interfere with his Congressional duties. If this were allowed 
it might be possible for unscrupulous persons to keep enough 
Congressmen away from Washington to pass a bad bill or 
defeat a good one. 

Freedom of Speech in Congress. It is necessary that there 
should be freedom of speech in the discussions in Congress, 
and members, therefore, cannot be punished or taken to 
account outside of Congress for anything they may say 
there. They may say things there about men that would 
cause them to be arrested and tried for slander if said 



50 


NATION ANI) STATE 


outside of Congress. But either House may punish its own 
members for abuse of the privileges of debate. 

Section VI. Clause 2. No Senator or Representative 
shall, during the time for which he was elected, be appointed 
to any civil office under the authority of tjie United States, 
which shall have been created or the emoluments whereof 
shall have been increased during such time; and no person 
holding any offce under the United States shall be a member 
of either House during his continuance in offce. 

Congressmen Debarred from Certain Offices. If a member 

of Congress should manage to get a new office created or 
to have the pay of any office increased, he could not resign 
and at once accept that office. After the close of the term 
for which he was elected, he could fill the office. In most 
cases this would prevent his making an office for himself, 
for the office would generally be filled before his term ex¬ 
pired. It would not be judicious to prohibit a man from 
ever having a certain office because he had voted, perhaps 
years before, to establish it or increase its pay. This does 
not prevent a Congressman from resigning and at once 
accepting an office which has not been created nor had its 
pay increased while he was in Congress, and Congressmen 
have repeatedly done this. 

On February 23, 1895, President Cleveland appointed Matthew 
W. Ransom, then Senator from North Carolina, as Minister to Mexico, 
and he was confirmed on the same day. His senatorial term ended 
on March 4th, and the President waited until March 5th before sign¬ 
ing and delivering his commission, doubtless believing that this would 
avoid the violation of this clause of the Constitution, for the salary of 
this office had been increased from twelve thousand to seventeen 
thousand five hundred dollars while Mr. Ransom was in the Senate. 
But when the first payment of his salary was due the Treasury Depart- 



REGULATIONS OF CONGRESS 


51 


ment refused to pay it, because they considered that his appointment 
was in violation of this clause of the Constitution. The President 
then re-appointed him to the position, and at the following session of 
Congress this appointment was confirmed. As this second appoint¬ 
ment was made after his term as Senator had expired, no objection 
to it could be made. 

A Congressman Cannot Hold Another United States Office. 

This clause also prevents anyone who holds a United States 
office from being a Congressman. It does not prevent a 
State officer from being a Congressman, but the State may 
forbid this. 

It is the custom in England and in most of the constitutional mon¬ 
archies for the cabinet officers to be members of parliament. It 
has often been suggested that the members of the President’s cabinet 
should also be members of Congress in order better to understand 
the disposition and motives of Congress, and to make Congress better 
acquainted with the views of the President and the plans of their 
departments. This clause of the Constitution would prevent their 
being members of Congress, but would not prevent their being allowed 
to attend the meetings of Congress and take part in its debates. 


CHAPTER VII. 


MAKING THE LAWS. 

Article I. Section VII. Clause 1 . All bills for rais j 
ing revenue shall originate in the House of Representatives; 
but the Senate may propose or concur with amendments as 
on other bills. 

The Origin of Tax Bills. For many years the House of 
Commons, which is the branch of the English Parliament 
whose members are elected by the people, has had the sole 
power to originate all laws for collecting taxes in Great 
Britain. It had proved to be one of the most effective means 
of securing from the kings the rights and liberties of the 
people; so it was naturally adopted by the makers of our 
Constitution. And, as the people must pay the taxes, it 
seemed wise that all taxation bills should begin in the House 
of Representatives, which is elected directly by the people. 
The House of Representatives has always jealously guarded 
this right, and never agrees to a bill originating in the Senate 
which even indirectly lays taxes or changes the tax laws 
already in force. 

The Senate may, and frequently does, amend the revenue 
bills originating in the House of Representatives, and such 
amendments are often afterward accepted by the Repre¬ 
sentatives and incorporated into the laws. 

The Committee on Ways and Means. The standing committee of 
the House of Representatives to which all revenue bills are referred 
(*"■) 






MAKING THE LA WS 


53 


for consideration and report before final action upon them, is called 
the Committee on Ways and Means (or Ways and Means of Raising 
Revenue). This is the most important committee of the House and 
its chairman has, next to the Speaker, the most important position in 
the House. This committee frames the tariff and other important 
revenue bills to be brought before the House; and a tariff bill generally 
takes the name of the chairman of the Committee on Ways and Means 
that prepared it. The tariff bill now in force is called the Dingley 
bill, because Representative Dingley, of Maine, was chairman of this 
committee when it was passed. The bill which it superseded was 
the Wilson bill, and its predecessor was the McKinley bill. The Senate 
has no Committee on Ways and Means, since it originates no revenue 
bills. 

In England the House of Commons has the sole power of originating 
all appropriation bills also. But the Constitution does not give that 
power exclusively to the House of Representatives. A bill for appro¬ 
priating money may, therefore, originate in the Senate. In practice 
however, all important appropriation bills begin in the House of Rep¬ 
resentatives. The Appropriation Committee is the second committee 
vn importance in the House of Representatives, and its chairman a 
correspondingly important member of the House. 

Section VII. Clause 2. Every bill which shall have 
'passed the House of Representatives and the Senate shall, 
before it become a law, be presented to the President of the 
United States; if he approve he shall sign it, but if not he 
shall return it, with his objections, to that House in which it 
shall have originated, ivho shall enter the objections at large 
on their journal, and proceed to reconsider it. If after such 
reconsideration two-thirds of that House shall agree to pass 
the bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that House it shall become a 
law. Rut in all such cases the votes of both Houses shall be 
determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal 




54 


NATION AND STATE 


of each House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall 
not be a law. 

Three Methods of Making Laws. First Method. This 
clause gives three ways of making laws. By the first method 
the bill passes each House by a majority vote of those present, 
and is signed by the President. This is the common method 
and almost all the laws of the United States have been 
passed in this way. 

Second Method. If the President refuses to sign a bill 
which has passed both Houses, he vetoes it—that is, he 
returns it with his objections (his veto message) to the 
House in which it originated. If it again passes this House 
and by a two-thirds vote of the members present, and after¬ 
ward passes the other House by a two-thirds vote, it becomes 
a law “over the President’s veto.” 

When this is done both Houses must vote by yeas and nays, 
which are entered on the journal and generally published 
in the newspapers, so that the whole country may know 
how each member voted. Most of the Presidents have 
vetoed bills at least occasionally, and only a small propor¬ 
tion of them have been passed over the vetoes. 

Third Method. If the President is willing that a bill shall 
become a law, yet does not wish to show his approval of it 
by signing it, he may keep it for ten week-days, when it 
becomes a law without his signature. If, however, the 
President receives the bill less than ten days before Con¬ 
gress adjourns, and neither signs nor vetoes it, the bill does 
not become a law. This is called “a pocket veto.” 


MAKING THE LA WS 


55 


The third method has seldom been used, but in 1894 the Senate 
made important changes in the Wilson tariff bill, and compelled the 
House to agree to these changes in order to get the bill passed at all. 
Although he preferred it to the McKinley tariff bill which it would 
supersede, President Cleveland was so much opposed to the changes 
made by the Senate that he refused to approve it by his signature, 
and, leaving Washington on his own vacation, left Congress there late 
in the summer with nothing to do but to w T ait for the ten days to ex¬ 
pire and make the Wilson bill a law without the President’s signature. 
Had they adjourned before the ten days expired and left Washington 
as he did, the bill would have been lost by a pocket veto. 

It seems to be uncertain whether a law would be valid if signed by 
the President after Congress has adjourned. President Lincoln signed 
such a bill eight days after Congress had adjourned, and it went into 
operation like other laws, but was never tested in the courts. In 1894 
the United States Court of Claims at Washington decided that a law 
if thus signed within ten days of its passage by Congress would be valid, 
but the matter was not carried to the Supreme Court for a final decision. 
In the absence of a decision of the Supreme Court on the matter, the 
Presidents now never take the chances of illegality in the matter, but 
sign such bills as they desire to become laws before Congress adjourns. 
In order to be able to do this the President usually spends the last few 
hours of the session of a Congress in a room adjacent to the Senate 
Chamber, that he may be able to approve bills which are delayed 
almost to the hour of adjournment. 

How Bills are Introduced and Passed. A bill is introduced 
by a member in either House, except that a bill for raising 
taxes must be introduced first in the House of Repre¬ 
sentatives, and a bill for spending money generally, by 
custom, does begin there. Its title only is read when it is 
offered, and the Speaker refers it to the proper committee 
for examination. If a majority of the committee decides 
that the bill should be passed, they so report to the House. 
It is printed for the use of the members and then read a 
second time, usually in full, and at this reading it is dis- 


56 


NATION AND STATE 


cussed and perhaps amended. At a third reading a final 
vote is taken on the bill as a whole. If passed, the bill is 
sent to the other House, where it goes through the same 
process and then goes to the President. 

The Standing Committees. Each House has about fifty standing 
committees, and the work is so divided up that any bill can be prop¬ 
erly considered by some committee. In the House of Representatives 
the committees are appointed by the Speaker at the beginning of the 
first session of Congress. The chairman and a majority of each com¬ 
mittee are always members of the political party having a majority 
in the House, and, therefore, of the same party as the Speaker. In 
the Senate the committees are elected by ballot by the Senators them¬ 
selves, though they are always practically agreed upon beforehand 
in party caucuses of the Senators. Here, too, the chairman and a 
majority of the members of each committee belong to the majority 
party. The great majority of bills offered and referred to the com¬ 
mittees are never heard of again outside of the committees, for many 
more bills are offered at every session of Congress than can possibly 
be considered. If reported adversely by the committee or not reported 
at all, a bill rarely passes. Bills which the committees report favorably 
are likely to pass their House, though the House does not always fol¬ 
low the recommendation of a committee. 

The Committee on Rules. In the House of Representatives is a small 
committee that now has very great power in legislation. It consists 
of the Speaker, as chairman, and four others of the most influential 
and experienced members, two from each of the leading parties. This 
committee now practically decides what measures shall and shall not 
be considered in the House. The Speaker is chairman of this com¬ 
mittee and appoints the other members of it, a most important part 
of the great power now in the Speaker’s hands. 

Filibustering. Sometimes a minority of the members of either House 
in order to prevent the passage of a bill try to prevent a vote upon it. 
This is called filibustering. In the House of Representatives this is 
usually done by making dilatory motions, such as motions to adjourn, 
which are always in order, and calling for the yeas and nays upon them. 
Each such vote takes about half an hour. This may be kept up until 
the time set apart for the consideration of the bill is gone, or until the 







MAKING THE LAWS 


57 


majority abandons the attempt to pass the bill, or changes it to suit 
the minority. But now the Speaker has a right to refuse to entertain 
a motion which he believes to be dilatory. In the Senate a bill espe¬ 
cially objectionable to the minority may be ‘‘ talked to death.” Mem¬ 
bers of the Senate exercise their unrestricted right of debate by 
discussing it until the time for its consideration is gone, or even until 
the end of the session of the Senate. In 1901, Senator Carter, of 
Montana, believing that the River and Harbor Bill appropriating about 
fifty million dollars to improve the rivers and harbors of the country 
was extravagant and wasteful, held the floor for the last thirteen hours 
of the session, speaking continuously against the bill, except when he 
permitted an occasional interruption or question by another Senator. 
He thus defeated the bill by preventing a vote upon it. 

Counting a Quorum. Formerly a favorite way of filibustering in 
the House of Representatives, especially when the two parties were 
nearly equal, was for the minority party to call for the yeas and nays 
on some motion and then they themselves refuse to vote. The neces¬ 
sary absences of even a few of its members would frequently so reduce 
the members of the majority party that when thus left to vote alone 
they could not show a quorum, and the House would be forced to 
adjourn for the day, for the custom of the House from the beginning 
had been to consider as present only those who answered to their names 
when the roll was called. But in 1890, Thomas B. Reed, Speaker of 
the House, decided that if a member was in the House he was present 
and would help to make a quorum whether he answered to the roll 
call or not. So when less than a majority answered to their names 
he counted all who were in the House and if his count showed a quorum 
he declared the bill passed, and went on with the business of the House. 
His right to do this was bitterly opposed by the opposite party, but 
the laws thus passed were sustained by the Supreme Court, and both 
parties have ever since followed this practice. 


Section VII. Clause 3. Every order, resolution, or 
vote to which the concurrence of the Senate and House of 
Representatives may he necessary (except on a question of 
adjournment) shall he presented to the President of the United 
States; and before the same shall take effect shall he approved 




58 


NATION AND STATE 


by him, or, being disapproved by him, shall be repassed by 
two-thirds of the Senate and the House of Representatives, 
according to the rules and limitations prescribed in the case 
of a bill. 

All Legislation Must be Submitted to the President. This prevents 
Congress from passing, without its submission to the President, an 
order or resolution which might in all but name be a law. Either 
House may, without referring it to the President, pass a resolution 
which affects that House only; and both Houses may, without its sub¬ 
mission to the President, pass the same resolution as merely expressing 
the views of each House. This is called a concurrent resolution, and 
has no legal force. But an order or resolution passed by both Houses 
and signed by the President, or passed by them over his veto, has 
just the same force and effect as a law. 

A few powers are given by the Constitution to Congress alone. In 
such cases it is not necessary that their action shall be submitted to 
the President. As we shall see later, the Constitution gives two-thirds 
of both Houses of Congress the right to propose amendments to the 
Constitution, and the Supreme Court has decided that such action 
need not be submitted to the President for his approval or disapproval. 
The Thirteenth Amendment, abolishing slavery, was proposed by 
Congress in 18G5, and by oversight sent to President Lincoln, but the 
Senate, when the President returned it with his approval, unanimously 
voted that the President’s approval was unnecessary, and did not 
notify the House of Representatives of the approval. No proposed 
amendment has since been submitted to the President. 


CHAPTER VIII. 


POWERS GIVEN TO CONGRESS. 

Article I. Section VIII. Clause 1 . The Congress 
shall have power to lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common defence 
and general welfare of the United States; but all duties, im¬ 
posts, and excises shall be uniform throughout the United 
States. 

Direct Taxes Not Laid. The word “taxes” here means 
direct taxes, which, as we have already seen, mean taxes 
which must be paid by the person upon whom they are 
laid and which cannot be shifted by him upon someone 
else. And the Supreme Court has decided that in the 
United States direct taxes are those laid upon real estate 
or its income, upon personal property or its income, or 
poll taxes. If Congress should lay such direct taxes, each 
State must pay its share according to its population and not 
according to its wealth. During the Civil War and in a 
few other cases of necessity in our early history, such taxes 
were laid and collected by Congress, but the United States 
treasury does not now and has not for many years received 
any revenue from direct taxes. 

One objection to direct taxation by Congress is its inequality. For 
instance, at the time of the last census California had about the same 
population as South Carolina, but the citizens of California had 
eight times as much wealth as the citizens of South Carolina; so a 
South Carolinian would have eight times as great a tax rate as a Cali- 

(59) 


60 


NATION AND STATE 


fornian. But it should not be forgotten that the States, counties, cities, 
etc., do constantly lay and collect direct taxes to pay their expenses. 
But they are subject to no such restriction as is Congress, and may and 
do lay such taxes in proportion to wealth. 

Duties and Imposts. Imposts mean taxes laid on goods 
imported into the country. Duties may mean taxes either 
on goods imported or exported, but, as a later clause in the 
Constitution forbids duties on exports, the words duties 
and imposts here mean the same things. These duties 
on imported goods are commonly called the “tariff/’ and 
have always been a large part of the revenue of the country. 
They now provide about one-half of all the money that 
comes into the United States treasury. These are indirect 
taxes, for the merchant who imports the goods adds the 
duty to the selling price of the goods, and we all pay a share 
of these taxes by paying higher prices for such of them as 
we buy. Most of the articles brought from other countries 
are thus taxed. 

How Duties are Collected. At every port where foreign ships 
enter the government has a custom house, and here the duties on 
imported goods must be paid before the goods can be taken away 
from the ships or from the warehouses into which the ships are un¬ 
loaded. Duties are of two kinds, specific and ad valorem. Specific 
duties fix a definite sum on a certain quantity of imported goods 
regardless of the changes in the market price of the goods, as, 
for instance, twenty-five cents per bushel upon all potatoes imported, 
which is the present duty upon potatoes, no matter how much they 
may cost abroad. Ad valorem duties are a percentage upon the cost 
of imported goods, as, for instance, 25 per cent, upon shoes, which 
is the present duty. In this case the duty paid upon each box of shoes 
evidently varies, as the price of the shoes abroad changes. Under 
the present tariff law, specific duties are levied on some articles and 
ad valorem duties upon others. And upon some articles part of the 
duty is specific and part ad valorem. Upon Brussels carpet, for instance, 


POWERS GIVEN TO CONGRESS 


61 


there is a specific duty of forty-four cents per square yard, and in 
addition an ad valorem duty of 40 per cent. 

The Tariff and Protection of American Industries. Besides pro¬ 
ducing necessary revenue for the expenses of the government, it is 
claimed that duties on imports allow our manufacturers, farmers, 
and miners to get higher prices for their goods than if we had free 
trade with foreign countries, and thus they are able to pay their work¬ 
men better wages and have greater profits themselves. Just how far 
Congress should go in this direction is one of the most prominent and 
important questions in politics to-day. The Republican party advocates 
a high tariff and ample protection to the products and manufacturers 
of the country. The Democratic party advocates a low tariff with moder¬ 
ate protection to manufacturers and cheaper goods to all the people. 

Excises. Excises are internal taxes. Congress now raises 
large revenues from these taxes, commonly called internal 
revenue. It is almost wholly derived from alcoholic liquors 
and tobacco, which are heavily taxed. Almost all the 
revenue of the United States comes from the tariff and 
internal revenue. 

Internal Taxes Formerly Numerous. During the Civil War and 
again during the war with Spain internal revenues were collected on 
many articles. The revenue stamps on bank checks and other docu¬ 
ments, on patent medicines and perfumery, were familiar instances 
of it. But when the wars ended and there was no longer need of them, 
these taxes were taken off by Congress. 

Indirect Taxes More Easily Collected. Indirect taxes are much 
more easily collected than direct taxes, for they can be collected at a 
few custom houses or at a few establishments where liquors or tobacco 
are manufactured. And they are more popular because the people 
pay them without knowing it. Men who find fault with their school 
taxes and other direct taxes often pay without complaint three or four 
times as much tax in the cost of necessities and luxuries for themselves 
and their families. 

How the Revenues May be Spent. The Constitution limits 
the expenditure of money raised by taxes to the payment 
of the debts of the United States, to providing for the com- 



62 


NATION AND STATE 


mon defence, and promoting the general welfare. The last 
clause is so general that it allows public funds to be spent 
for almost any purpose that Congress deems wise. 

Duties, Imposts, and Excises Must be Uniform. Both the 
tariff and the internal revenue must be the same in all parts 
of the United States. The necessity for this is self-evident, 
but before the adoption of the Constitution, when each 
State fixed its own tariff, two seaports not a hundred miles 
apart would have different import duties on the same goods. 
Taxes are not required to be uniform, as, indeed, they could 
not be; for, as we have already seen, they are direct taxes 
which must be laid in proportion to population, and if they 
were laid they would be very far from uniform. 

Receipts and Expenditures of the Government. The total receipts 
of the national government for the year ending June 30, 1904, were 
$540,031,749. Of this, $2G1,274,565 came from duties on imports, 
and $232,904,119 from internal revenue; the rest from various sources. 
The total expenditures for the same year were $582,402,321. The 
deficit was caused by the payment of $50,000,000 on account of the 
Panama Canal, and was made up out of a large balance previously 
accumulated in the treasury. Usually the receipts exceed the expenses, 
but both are constantly increasing. The postal receipts are disre¬ 
garded here, as they are all used in maintaining the postal service. 

Section VIII. Clause 2. The Congress shall have 
•power to borrow money on the credit of the United States. 

Nations Must Sometimes Borrow. Ordinarily a nation, 
like an individual, should live within its income, but the 
framers of the Constitution knew that in emergencies nations, 
like individuals, are sometimes obliged to borrow money; 
so Congress has the right to do this. During each of our 
wars Congress has found it necessary to borrow money, and 
it has occasionally done so in times of peace. 


POWERS GIVEN TO CONGRESS 


63 


United States Bonds. Our government, like other gov¬ 
ernments, generally borrows money by selling bonds. These 
are promises to pay certain sums, usually at a fixed time in 
the future, with interest until paid. These bonds are bought 
and held as an investment by the citizens of this country 
or of other countries. United States notes, one of the most 
common kinds of paper money used in this country, are also 
a part of the government debt. By reading the face of such 
a note it will be seen that it is really a promise of the govern¬ 
ment to pay so many dollars on demand. And if presented 
to the treasury at Washington or at any of the sub-treasuries 
in the leading cities of the country, it will be redeemed in 
gold at any time. The certainty that it can be redeemed 
in gold at any time makes people as willing to receive it as 
gold; so it passes everywhere as money. This part of our 
debt bears no interest. 

The United States Debt. Until the Civil War the debt of the United 
States never reached $100,000,000, except just after the war of 1812, 
when it was a little more than this for two or three years. In 1861, 
when the Civil War began, it was $90,000,000, and in 1866, when the 
war was over, and its expenses paid, the debt was $2,773,000,000. 
On January 1,' 1905, this had been reduced to $1,282,000,000. Of 
this $897,000,000 was due to bondholders. Nearly two-thirds of it 
was borrowed at 2 per cent, interest, the remainder partly at 3 and 
partly at 4 per cent. About $400,000,000 of the debt bears no interest, 
most of it being in treasury notes. No other leading nation of the 
world has so small a debt as the United States. No other ever paid 
a great debt so rapidly as this country paid its Civil War debt, and 
no nation borrows money at so low a rate of interest as the United 
States. 

Section VIII. Clause 3. The Congress shall have 
'power to regulate commerce with foreign nations and among 
the several States, and with the Indian tribes. 


64 


NATION AND STATE 




Foreign Commerce. Before the adoption of the Constitu¬ 
tion eaeli State regulated its own foreign commerce, and 
the varying regulations of the different States caused many 
difficulties and much friction among the States. To adjust 
these differences a convention of delegates from various 
States met at Annapolis in 1786. It was this convention 
that suggested the convention which met the next year and 
framed this Constitution. Naturally and wisely, in order 
to have uniform regulations, foreign commerce was put 
entirely under the control of Congress.. All laws concerning 
foreign commerce are made by Congress. As we shall see 
later, all lawsuits concerning it go to the United States 
courts and not to the State courts. And the United States 
makes the improvements to harbors, builds and maintains 


the lighthouses, etc., no matter in what State they may be. 

Interstate Commerce. Congress has also the right to 
regulate commerce among the States. It has long exercised 
control over commerce carried on among the States by the 
lakes and navigable rivers. But no attempt was made by 
Congress to regulate the enormous railroad commerce 
among the States until 1887, when the Interstate Com¬ 
merce Law was passed. This law prohibits railroads 
from making unfair discriminations in freight and pas¬ 
senger rates from one State to another, as well as other 
abuses which had grown up. An Interstate Commerce Com¬ 
mission of seven men is appointed by the President to enforce 
the interstate commerce laws. Congress has no control 
over commerce entirely within a State. This is regulated 
wholly by the laws of the State. 

Trusts. It is through the clause of the Constitution giving 
Congress control of interstate and foreign commerce that 
Congress has attempted to remedy the evils generally be- 









POWERS GIVEN TO CONGRESS 65 

s \ 

lieved to attend the trusts. A trust is a combination of all 
or nearly all the producers of a certain article in order to 
control the production and the price of that article. Such 
a trust is usually a corporation chartered by one of the 
States. Congress does not attempt to interfere with a cor¬ 
poration so long as it carries on business only in its own 
State. But a trust wishes to monopolize the business of 
the whole country, and, therefore, sends its products int^ 
other States and perhaps even to foreign countries; so that 
Congress has a hold upon it. ..... ... * .... . 

Trust Legislation. One of the commonest ways in which 
the trusts have driven their competitors out of business has 
been to secretly get lower freight rates from the railroads, 
and thus be able to undersell their rivals. So Congress has 
forbidden such special rates between different States. Con¬ 
gress has also passed laws to prevent interstate railroads 
from combining to prevent competition among themselves. 

Congress has forbidden corporations whose products are 
a part of the interstate or foreign commerce to make any 
agreements among themselves for the purpose of prevent¬ 
ing competition, or of raising prices. But the object of 
this legislation has been largely defeated by the formation 
in many kinds of business of great corporations, each of 
which buys up and consolidates into one all the smaller 
corporations which were formerly in that trust. 

Congress is also trying to combat the evils of the trusts 
by investigating them and making their doings public. 

The trust problem is one of the most important and serious with 
which Congress has ever had to deal. Just how far it is wise to go in 
trying to control the trusts or to prevent their formation is a grave 
question. It is very difficult to make laws which will effectually restrain 
and regulate the trusts and which will not at the same time injure 


66 


NATION AND STATE 


other business. It is also uncertain just how far the Constitution gives 
Congress the right to go in passing such laws. It is likely that there 
will continue to be much agitation of this question, and many attempts 
by Congress to legislate upon it. 

Commerce with the Indian Tribes. Congress was given 
the sole right to control commerce with the Indian tribes. 
This was for the protection of the Indians from injurious 
articles, such as alcoholic liquors; and for the protection of 
white men by preventing the sale of firearms, etc., to hostile 
Indians. This has been managed by appointing Indian 
traders who had the sole right to buy or sell in certain tribes. 
There are still a few Indian reservations with such traders. 

Section VIII. Clause 4. The Congress shall have 
power to establish a uniform rule of naturalization and uni¬ 
form laws on the subject of bankruptcies throughout the United 
States. 

Naturalization. Naturalization is the process by which 
a foreigner becomes a citizen of the United States. To be 
naturalized a foreigner must have lived in the United States 
five years, and two or more years before he is naturalized 
he must have gone to a United States or State court and 
declared that it was his intention to become a citizen of the 
United States. At the end of the five years he must again 
go to the court and swear that he gives up his citizenship 
in his own country and accepts citizenship in the United 
States. He then receives a certificate showing that he is a 
citizen of the United States. When a foreigner becomes 
naturalized this act also naturalizes his wife and any of his 
children who are under twenty-one years of age. The chil¬ 
dren of citizens of the United States born while their parents 
are abroad are natural-born citizens. 


POWERS GIVEN TO CONGRESS 


67 


In 1906 Congress established a Bureau of Immigration and Natu¬ 
ralization, and gave it supervision of naturalization. Records of the 
date of the arrival of each immigrant are now kept, and a copy of this 
must be presented at the time of naturalization to show that the 
applicant has been in the United States for five years. No anarchist, 
polygamist, or believer in polygamy can be naturalized. Every ap¬ 
plicant must be able to speak English and to sign his name. The 
naturalization fees are $5. Women may be naturalized in the same 
way as men, but rarely are except through the naturalization of their 
husbands. 

Some Exceptions to the General Law of Naturalization. Under 

the present laws of Congress only white and negro foreigners can be 
naturalized. This prevents Chinese, Japanese, and other Mongolians 
from becoming citizens of the United States, but their children born 
in this country are citizens. Several times in our history Congress 
has by a general lav/ naturalized a whole community, or the Presi¬ 
dent and the Senate have done this by treaty. In this way the inhabi¬ 
tants of the Louisiana purchase and of Texas were naturalized when 
these were annexed to the United States. 

Citizenship and Voting. In most of the States only citizens of the 
United States have the right to vote. But, as we have learned before, 
the right to vote is given by the States and not by Congress, and in 
more than one-fourth of the States foreigners may vote before being 
naturalized, if they have declared their intention of becoming citizens. 

Bankruptcy. A bankrupt is a person who is unable to 
pay Iris debts. A bankrupt law is a law which releases a 
bankrupt from paying such proportion of his debts as he 
cannot pay. Congress has power to pass such a law, which 
must be the same in all parts of the country. Under the 
present bankrupt law, which was passed by Congress in 
1898, if a bankrupt has made no attempt to defraud his 
creditors, and if he gives up all his property to go toward the 
payment of his debts, the United States courts can relieve 
him of the rest of his debts. When bankrupts are thus 
relieved from their debts, they can start again in business 


68 


NATION AND STATE 


without having their goods, stock, or machinery seized for 
the old debts, as might otherwise be done. This allows 
them to support themselves and their families, and fre¬ 
quently to save enough money to pay the old debts, for an 
honest man will always pay his debts in full, if he can do 
so, even if the law has released him from them. 

Insolvent Laws of the Different States. During most of the time 
since the adoption of the Constitution there has been no national 
bankrupt law such as we now have. To relieve their debtors the States 
generally have passed insolvent laws. Such a law applies only to the 
citizens of the State which passed it, and is void if it conflicts with a 
bankrupt law passed by Congress. An insolvent law applies only 
to future debts, and cannot release a man from a debt which he con¬ 
tracted before the law was passed, for the Constitution expressly says 
that u no State shall pass any law impairing the obligations of contracts .” 
But the bankrupt laws passed by Congress have all applied to old 
debts as well as to new ones. The insolvent laws of the States also 
serve to release criminals, who are unable to pay them, from the pay¬ 
ment of the fines which have been a part of their punishment. Under 
these laws in the various States not quite all of a debtor’s property 
can be taken for his debts, but a moderate sum must be left him to 
furnish him tools for his work or a temporary support for himself and 
family. The amount thus exempt varies in the different States. 1 

. $ __ q . ....... — v i . -o 

Section VIII. Clause 5. The Congress shall have 
power to coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

Congress Has Sole Control of Money. This gives to Con¬ 
gress sole control of providing money for the United States. 
We have, therefore, the same kinds of money everywhere, 
and each kind of money has the same value everywhere, 
which would not be true if each State provided its own 
money. 

1 In Pennsylvania it is three hundred dollars 


POWERS GIVEN TO CONGRESS 


69 


Regulating the Value of Foreign Coin. To regulate the 
value of foreign coin means to determine how much foreign 
coins are worth in our money. This is done by finding 
how much gold or silver is in them, and the Secretary of 
the Treasury has this done and publishes their values. It 
is these values that are found in the tables of the values of 
coins in our arithmetics. This does not make foreign money 
a legal tender in the United States, and no one is obliged 
to take foreign money in payment of debts, although in 
some parts of the country foreign money is often voluntarily 
accepted, as Canadian money in the vicinity of Canada, 
and Mexican money on the borders of Mexico. 

The Mints. The chief mint is in Philadelphia. It was 
established there when that city was the capital of the coun¬ 
try, and has never been removed. Branch mints have been 
established at different places. They are now in operation 
at San Francisco, New Orleans and Denver. All our coins 
are made at these four mints. Any person may take or send 
gold to a mint and receive in return as much coin as his gold 
will make. No charge is made for making gold coins, nor 
for the copper alloy put into them. Formerly silver could 
be exchanged for silver coin in the same way, but this cannot 
now be done, as the silver in our coins is worth much less 
than the face of the coins. The government buys the silver 
and gets the profit of coining it. 


Our Present Coins. Our present gold coins are the twenty-dollar 
gold piece, ten-dollar gold piece, five-dollar gold piece, and the two- 
and-a-half-dollar gold piece, nine-tenths of their weight being pure 
gold and one-tenth copper, as pure gold would be too soft for use. 
All gold coins are an unlimited legal tender—that is, they may be used 
to pay debts to any amount. 

The silver coins are the dollar, the half-dollar, the quarter-dollar, 
and the ten-cent piece, or dime. They are nine-tenths pure silver and 




70 


NATION AND STATE 


one-tenth copper. The silver dollar is a legal tender to any amount. 
The smaller silver coins are a legal tender up to ten dollars. 

The five-cent pieces are three-fourths copper and one-fourth nickel. 
The cents are 95 per cent, copper and 5 per cent, tin and zinc. These 
two coins are a legal tender to the amount of twenty-five cents only. 

Subsidiary Goins. It is a general custom among nations to put 
into their smaller coins less than their face value of silver or other 
metal. Such coins are called subsidiary coins. This is done to pre¬ 
vent these coins from ever becoming so valuable, in the possible rise 
in value of their metals, as to induce manufacturers of silverware and 
others to melt them and thus strip the country of the small coins 
necessary in business. Thus, while a silver dollar weighs 412^ grains, 1 
two half-dollars weigh but 385| grains. If tried on any pair of good 
scales, two half-dollars will be found to be lighter than a silver dollar. 
Four quarters, or ten dimes, weigh the same as two half-dollars. The 
cost of the material in the five-cent and one-cent pieces is much less 
than the face value of these coins. The government makes a large 
profit on its subsidiary coins. 

The Silver Dollar and Free Coinage. When the first coinage laws 
were passed, in 1792, gold was worth about fifteen times as much as 
silver, and Congress made a silver dollar fifteen times as heavy as a 
gold one; so they really were of the same value at the beginning, and 
both were made a legal tender in payment of all debts. Free coinage 
of both silver and gold was provided, so that anyone might take gold 
or silver to the mint, where the government would coin it into gold or 
silver coins and return all his gold and silver thus made into coin, 
which his creditors must take in payment of his debts. The mint 
charged only the cost of the alloy put into the coins. If the value of 
gold and silver had remained the same, this arrangement need not 
have been changed. But gold and silver, like everything else, are 
constantly changing in value, from their scarcity or abundance, the 
greater or less demand for them, or other causes. 

Gold Coins Reduced in Value in 1834. By 1834 gold was wortl, 
sixteen times as much as silver, and of course nobody would send 
gold to the mint to be coined when he could buy as much with fifteen 
dollars worth of silver made into coins as with sixteen dollars worth 
of gold made into coins. So by this time little else than silver was being 

1 Gold and silver are always weighed by Troy weight. 


POWERS GIVEN TO CONGRESS 


71 


coined, and all the gold coins that had been in circulation were being 
melted up for their gold or sold in other countries. Congress then 
decided to make the gold coins smaller, and the gold dollars were made 
only one-sixteenth as heavy as the silver ones. Again, for a while, 
gold and silver were both coined and both kinds of money were in 
use. But this did not last long, and now the silver money began to 
be worth more than the gold and the silver coins began to disappear. 

Silver Goins Subsidiary. By 1853 Congress feared that the small 
silver coins would entirely disappear, and thus deprive the people of 
change; so a law was passed making the fifty-cent pieces, twenty-five- 
cent pieces, and ten-cent pieces about seven per cent, lighter than before, 
and free coinage of these smaller coins was stopped, the government 
buying silver and coining them as needed in business. Anybody 
who had silver might still take it to the mint and have it coined into 
dollars; but as the silver was worth more than the dollars, but little of 
this was done and silver dollars became practically unknown. 

The Act of 1873. In 1873, while silver was still too valuable to 
be made into dollars, Congress passed a new coinage law. By this 
law the coinage of one or two small coins was stopped, and, as there 
seemed to be no further demand for silver dollars as currency, no pro¬ 
vision was made for their further coinage. But soon afterward silver 
again became worth less than one-sixteenth as much as gold, and 
pressure began to be brought to bear upon Congress to establish the 
free coinage of silver dollars. 

Silver Dollars Again Coined. By 1878 the demand for the coinage 
of silver dollars became so strong that Congress passed, over the veto 
of President Hayes, a law requiring the government to coin from two 
to four millions of silver dollars every month. Free coinage was not 
allowed, but the government bought the silver and reaped the profit 
in the coinage. This was kept up until 1890, during which time nearly 
four hundred millions of silver debars were coined, yet the silver in a 
dollar, worth ninety-three cents in 1878, had dropped to eighty-cne 
cents in 1890. 

In 1890 Congress passed a law requiring the Secretary of the Treasury 
to buy four and a half million ounces of silver each month, part of 
which was to be coined into dollars 1 and the remainder to be stored 

1 There are 37Si grains of pure silver in a dollar. How many dollars 
would a month’s purchase make? 





72 


NATION AND STATE 


in the treasury vaults and paper certificates issued for it. This was con¬ 
tinued until near the end of the year 1893, when the law was repealed, 
and the silver then accumulated has since been gradually coined. In 
1S93 the silver in a dollar was worth only sixty cents, and has since 
fallen much lower. Its value is quoted every day in the leading news¬ 
papers. 

,; v , a-.. . ,:j v.; i u . lu. nm 1 - aru: 

Paper Money. United States Notes. Most of the money 
in common use is neither gold nor silver, but paper. There 
are now three kinds of paper money in general use. The 
United States notes were issued by Congress during the 
Civil War and have been in use ever since. On account of 
the color of the ink used in printing them, they were, when 
issued, popularly called “greenbacks.” Like gold coin 
and silver dollars, they are a legal tender for private 
debts. About three hundred and fifty millions of dollars’ 
worth of United States notes are in circulation. L T nited 
States notes are really promissory notes issued by the govern¬ 
ment and are, as has been said, a part of the government 
debt. 

National Bank Notes. During the Civil War Congress 
authorized the establishment of National Banks. These 
banks are required to put part of their capital (and may put 
all of it) into government bonds. These bonds are deposited 
with the Treasurer of the United States, who makes and 
gives to the banks the face value of their bonds in bank 
notes, and the banks use the notes as money. National 
Bank notes are not a legal tender for private debts, but as 
they are secured by United States bonds and may be ex¬ 
changed for legal-tender money, either at the banks which 
issued them or at the United States Treasury, they are 
everywhere voluntarily accepted. About five hundred 
millions of dollars in National Bank notes are in use. 







POWERS GIVEN TO CONGRESS 


73 




Gold and Silver Certificates. To avoid the inconvenience 

\* i » « 

of carrying large amounts of coin, much of the gold and 
silver coin is deposited in,the treasury vaults at Washington, 
and gold and silver certificates in the form of paper money 
are issued by the government in its place. As long as such a 


certificate is in circulation the gold or silver coin for which 


it was issued is kept in, the vaults. Gold and silver certifi- 
cates are not a legal tender for private debts, but as they 
may be exchanged for gold coin or silver dollars at any 
time, like the National Bank notes, they pass current every¬ 
where as freely as legal-tender money. There are about five 
hundred millions of dollars in gold and almost as much in 
silver certificates now in circulation. The Secretary of the 
Treasury is required by law to keep all the different kinds 
of money at the same value.- 

Weights and Measures. Congress is here given the authority 
to fix the standard of weights and measures, but has never 
fully exercis6d this authority. Aiter the Revolutionary War 
the States continued to use the English weights and meas¬ 
ures which had been used in the colonies, and the new 
States adopted the same; so that Congress has not found 
it necessary to fix such standards. Congress has passed 
laws legalizing and permitting the use of the metric system 
of weights and measures, which is used all over the civilized 
world except in the United States and Great Britain and 
their colonies. It would be of incalculable advantage to 
us to have the metric system in common use, but the diffi- 


1 Examine carefully the different kinds of paper money; most persons 
have never read the notes which they have constantly handled. It 
will be noticed that all the one-dollar and two-dollar notes are silver 
certificates. The purpose of this was to secure a more extensive use 
of silver. 








74 


NATION AND STATE 


culty of making the change is so great that but little progress 
toward it has been made. 

Section VIII. Clause 6. The Congress shall have 
power to provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

Counterfeiting Punished by United States Laws. As the 

United States makes and issues ail the money, it properly 
has the right to punish counterfeiting. And when a man 
makes counterfeit money he is not tried and punished by 
the State courts, 1 but by the United States courts. But a 
person who passes counterfeit money may be tried either 
in the State courts or the United States courts. Making 
counterfeit money or trying to pass money which one knows 
to be counterfeit is a grave crime and is punishable by 
heavy fine and long imprisonment, and the law is so strictly 
enforced that counterfeit money is rare. By securities are 
meant paper money and United States bonds. 

Section VIII. Clause 7. Congress shall have power 
to establish Post Offices and Post Roads. 

' The National Government Has Exclusive Control over Postal 
Business. Under the authority of this clause the national 
government has taken exclusive control of the postal busi¬ 
ness of the country. No State or individual can mantain 
a Post Office or make a business of carrying other persons’ 

1 The courts which meet in the court houses at the county seats are 
State courts. The United States courts are entirely separate from them, 
but are carried on in a similar way. There are one or more United 
States courts in each State. 


POWERS GIVEN TO CONGRESS 


75 


letters for pay. The Post Offices and their business are 
managed by a Postmaster-general and four Assistant 
Postmasters-general. I he Postmaster-general is a mem¬ 
ber of the President’s cabinet. 

i? our Classes of Postmasters and Post Offices. A postmaster’s 
pay depends upon the amount of business done at his Office. 
If his salary is less than one thousand dollars per year he 
is a postmaster of the fourth class, and his Office is a fourth- 
class Office. T he salary of a postmaster of the fourth class 
depends upon the value of the postage stamps cancelled in 
his Office. Postmasters of the fourth class are appointed 
by the Postmaster-general for an indefinite term, and may 
be removed by him at any time. When the salary of a post¬ 
master is between one and two thousand dollars he and 
his Post Office are in the third class. When the salary is 
between two and three thousand dollars, the postmaster and 
his Office belong to the second class, and a salary of three 
thousand dollars or more puts a postmaster and his Office 
into the first class. The salaries of the first, second, and 
third class Offices depend upon the value of the stamps 
sold at these Offices. Postmasters of the first, second, and 
third classes are appointed by the President for four-year 
terms 

Four Classes of Postal Matter. All mail matter is divided 
into four classes. The first class is written matter, and its 
rate of postage is two cents per ounce, except on local or 
drop letters where there is no free delivery, and on postal 
cards, on which the rate is one cent. 

Second-class matter consists of newspapers and maga¬ 
zines published not less than four times a year. The postage 
on these is one cent for each four ounces, but their pub¬ 
lishers may mail them for one cent a pound, and may mail 


76 


NATION AND STATE 


them to subscribers in the county where they are published 
without paying any postage. 1 

Third-class matter is books, circulars, and other printed 
matter except newspapers and magazines. Postage on this 
class of matter is one cent for each two ounces. 

Fourth-class matter is merchandise, such as articles of 
clothing, samples, etc. Almost anything not heavier than 
four pounds that can be carried safely may be sent by mail. 
The postage on fourth-class matter is one cent per ounce. 

First-class matter having a two-cent stamp upon it will 
be forwarded even if it weighs more than an ounce, the 
excess postage being collected from the receiver. But 
second, third, and fourth-class matter will not be sent unless 
the postage is fully prepaid. The name and address of the 
sender should always be written or printed on. the upper 
left-hand corner of a letter or package sent by mail. Second, 
third, and fourth-class matter must not be sealed, but tied 
or so fastened that it may be examined by the postmaster. 
If sealed or if it contains any written communication, the 
whole package must pay letter postage. 

Registration and Money Orders. Letters or any other mail 
matter may be registered at any Post Office for eight cents. 
Registered mail is carried with special care; every person 
who handles it must receipt for it. It can readily be traced 
and is rarely lost, and in case of loss of registered first-class 
matter the government will pay for it up to a value of twenty- 
five dollars. From all except the smallest Post Offices money 
can be safely sent by money orders at a cost of from three 


. V r ,. . ... . . 

But not when they are delivered by letter carriers. There are many 


exceptions and details about the postal service which cannot be given 
here. At every Post Office will be found the postal guide, which gives 
full information concerning postal affairs. . _ 











POWERS GIVEN TO CONGRESS 


77 


to thirty cents for each order, but no one money order may 
exceed one hundred dollars. 

Free Delivery. In all the larger towns the mails are col¬ 
lected and delivered free at homes and business places by 
mail carriers. Free service of this kind is now being also ex¬ 
tended to the country, and in many communities rural free- 
delivery carriers make one and sometimes two daily trips 
through the country, collecting and delivering mail every¬ 
where along the principal loads. 

Foreign Postage. To foreign countries the postage on 
letters is now five cents per ounce, on postal cards two cents, 
and on papers, books, and all printed matter one cent for 
each two ounces. But to Canada, Cuba, and Mexico postage 
is the same as in the United States, and the same is, of 
course, true for the Philippines, Porto Rico, and our other 
colonies, 

■ ■ ■ . ■ . , . ‘ . t r ■ f \i • . t . i * i r i 

< *.» u 

In the leading nations of Europe the Post Office gives the people 
much more service than in the United States. There the government 
usually owns the telegraph lines, and telegrams are sent cheaply through 
the Post Offices. Postal saving banks, which receive small savings, 
keep them safely and return them with interest, are common. And 
in some countries the government issues small life-insurance policies 
and sells annuities through the Post Office. . 

Post Roads. This clause of the Constitution also gives 
Congress the right to construct roads over which the mails 
may be carried, and under its authority Congress, early in 
the last century, made a turnpike, the National Road, from 
Cumberland, Md., to St. Louis, Mo. But now the railroads 
so cover the country that it is unnecessary for Congress to 
make post roads. By law all railroads are declared to be 
post roads, and the Postmaster-general is authorized to 
make contracts for the carrying of the mails over them. 



78 


NATION AND STATE 


Section VIII. Clause 8. The Congress shall have 
power to promote the progress o) science and useful arts by 
securing for limited times to authors and inventors the exclu¬ 
sive right to their respective writings and discoveries. 

Copyrights. How Obtained. In order to prevent anyone 
from printing and selling his writings without his consent, 
an author must apply to the Librarian of Congress for a 
copyright and must send to him a printed or typewritten 
copy of the title page of his book and a fee of fifty cents. 
After the book is printed, he must also send to the Librarian 
of Congress two copies of the book. When this has been 
done no one except the author or his authorized publisher 
may publish his book anywhere in the United States for 
twenty-eight years, nor may any copies of the book printed 
in other countries without his consent be sold in the United 
States. At the end of the twenty-eight years the author or 
his widow or children may have it renewed for fourteen 
years longer. After that anyone may print or sell it. 

Musical compositions, engravings, photographs, etc., 
may be copyrighted in the same way. Every book or other 
copyrighted article must have notice and date of the copy¬ 
right on it. This is usually found on the opposite side of 
the title page of the book, and gives the real date when the 
book was written or last revised. 

International Copyright. Until recently foreigners could not copy¬ 
right their books in the United States, and foreign books were made and 
sold cheaply here. Now foreigners may copyright their books here, 
but the books must be made and the type used in printing them must 
be set up in this country. The author’s country must also grant 
copyrights to American authors. 

Patents and How Obtained. A patent gives to an inventor 
the exclusive right to make and sell his invention. It is 



POWERS GIVEN TO CONGRESS 


79 


granted by the Commissioner of Patents at Washington. 
The cost is thirty-five dollars, fifteen dollars to be paid 
when the patent is applied for, and twenty dollars more if 
the patent is granted. A patent lasts seventeen years and 
cannot be renewed. The word “patent/’ with the date of 
the patent, must be on every patented article manufac¬ 
tured. 

Before a patent is granted careful investigation is made by the officials 
of the patent office to assure themselves that the invention has not 
been patented or used before. Formerly small models of all new ma¬ 
chines had to be sent to the patent office by the inventors, before patents 
were granted, and many thousands of these models are stored in the 
patent office at Washington. Nov/, however, drawings and printed 
descriptions only are usually required, models being asked for only when 
necessary to make the inventions clear. American inventions may be 
patented in other countries, and foreigners may patent their inventions 
here. It is customary to patent important inventions in all the leading 
countries. There is a general impression that the laws do not interfere 
with the making of a patented article for one’s own use, but this is 
not correct. The patent laws forbid anyone making a patented article 
without the consent of the owner of the patent, and forbid anyone using 
an article thus made without such consent. 

Section VIII. Clause 9. The Congress shall have 

'power to constitute tribunals inferior to the Supreme Court. 

Supreme and Inferior Courts. A later clause of the Constitution 
establishes a Supreme Court of the United States. The Supreme 
Court always meets in Washington, and hears only the most important 
cases. By the authority given in this clause, Congress has established 
lower United States Courts in all the States and Territories. These 
will be taken up in the chapter on the Judiciary. 

Section VIII. Clause 10. The Congress shall have 

power to define and punish piracies and felonies committed 

on the high seas, and offences against the law of nations. 

6 




80 


NATION AND STATE 


Piracy and Felony. Piracy is attacking and robbing ships 
at sea, and is considered so grave a crime that nations 
usually punish it with death. Felony is a grave crime of 
almost any kind. Since a ship at sea is not in any State, 
the punishment of crimes committed at sea properly belongs 
to the United States and not to any State. When a crime 
is committed on a ship belonging in the United States, the 
criminal is tried in the United States Court of the State in 
which the ship first lands. The high seas here means the 
ocean with its bays and harbors. 

The law of nations is a body of laws established by cus¬ 
tom and agreement of the leading nations of the world. 
Evidently the United States, rather than the individual 
States, should have jurisdiction in cases arising under 
such laws. 

Section VIII. Clause 11. The Congress shall have 
power to declare war, grant letters of marque and reprisal , 
and make rides concerning captures on land and water . 

Congress Declares War. In a monarchy the king or emperor 
declares war, though in a constitutional monarchy this 
right is controlled by the power of parliament, or similar 
body, to refuse to pay the expenses of the war. In the 
United States, Congress, not the President, has the right 
to declare war ; and the President does not even have the 
right to veto a resolution of Congress declaring war. But 
when Congress has declared war, it is the duty of the Presi¬ 
dent, as the chief executive officer of the nation, to carry on 
the war. 

Letters of Marque and Reprisal. Besides sending out its 
own warships, it was formerly common for a nation in time 
of war to give to some of its private citizens permission to 


POWERS GIVEN TO CONGRESS 


81 


use their own ships and capture ships belonging to the enemy. 
Such permissions are called letters of marque and reprisal , and 
such ships are called privateers. The crew of such a ship 
if captured would be treated as prisoners of war, instead 
of being hanged as pirates, as would be liable to happen 
if the attacking ship had no letters of marque and reprisal. 
No letters of marque and reprisal have been granted by the 
United States since the war of 1812. But during* our Civil 

O 

War Confederate privateers did great damage to Northern 
commerce. Civilized nations are now generally opposed 
to privateering. Letters of marque and reprisal were once 
also issued to private expeditions on land as well as by sea, 
but privateering on land has long since been abandoned 
by civilized nations. 

At an international congress held at Paris in 1856, all the important 
countries of Europe, except Spain, agreed to give up privateering. The 
United States did not join in this agreement at that time, because the 
European nations would not also agree to stop the seizure of the prop¬ 
erty of private citizens by war-ships in time of war. But in the war with 
Spain in 1898, the United States forbade privateering on the part of its 
citizens, and while Spain declared in favor of it no Spanish privateers 
were actually sent out. It is unlikely that the United States will ever 
again resort to privateering. 

Captures on Land and Water. Properly Congress should 
make rules concerning captures on land and water, although 
the laws of nations now embrace certain rules for the humane 
treatment of prisoners and non-combatants which all civil¬ 
ized nations observe. Until recently, half of the value of 
a ship and cargo captured in war was divided among the 
crew of the ship which captured it, the other half going to 
the government. Now, property captured in war, either on 
sea or land, belongs wholly to the government. 


82 


NATION AND STATE 


It is still allowable in time of war for the war-ships of one country to 
seize ships belonging to the otner country’s private citizens, and our 
navy captured several such sh ps during the war with Spain. Ships 
and cargoes thus captured by tre United States would now be sold for 
the benefit of the government. 

When two nations are at war their war-ships may also seize private 
ships of friendly nations caught taking things to the enemy’s country 
which would help it to carry on the war. Such articles are called 
“ contraband of war,” and include arms, ammunition, etc. 

Section VIII. Clause 12. The Congress shall have 
'power to raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years . 

Our Army. The United States is fortunately so located 
as to be in little danger of attack by land, and except in 
times of war has maintained but a small army. This serves 
to preserve order at home and in our colonies, and would 
be the nucleus of a larger army in time of war. Our army 
now numbers about sixty thousand men. It is recruited by 
voluntary enlistments, the term of service being three years. 1 

Organization and Officers of the Army. The most important 
unit in the army is a regiment, made up of one thousand 
four hundred and forty officers and soldiers, and divided 
into twelve companies of one hundred and twenty each. 
The commander of the regiment is a colonel, who is assisted 

1 In all the leading nations of Europe, except in England, every able- 
bodied man must, at about twenty years of age, enter the army and re¬ 
main there two or three years. And for years afterward he is enrolled 
in the reserves and if necessary may be called into service in time of war. 
In England the army is recruited by voluntary enlistment, as in the 
United States, but is much larger than ours. Germany and France each 
has always about six hundred thousand soldiers in service. Austria’s 
and Great Britain’s standing armies are about half that size, while 
Russia always has more than a million men under arms. 






POWERS GIVEN TO CONGRESS 


83 


by a lieutenant-colonel and three majors, each major 
having direct charge of four companies, called a battalion. 
The commander of a company is a captain, who is assisted 
by a first and a second lieutenant. The officer next in rank 
above a colonel is a brigadier-general, who commands a 
brigade made up of three regiments. Next in rank is a 
major-general, who commands a division, made up of three 
brigades. A corps is the largest unit of an army, and is 
made up of three divisions. It is commanded by one of the 
major-generals, selected for that service by the President. 
The next and highest officer is the lieutenant-general, who 
takes such important command or duty as the President 
may assign to him. 

The above organization is rarely completely carried out in practice. The 
companies seldom have their full quota of soldiers. The number of regi¬ 
ments in a brigade and of brigades in a division varies somewhat with th* 
needs of the service, while an army corps is only organized in time of war. 

Rstirement, Promotions, etc. All army officers are retired from 
active service at the age of sixty-four, and many retire earlier if disabled 
by wounds or illness. Retired officers are pensioned for life. When a 
regimental officer retires or dies the officer of next lower rank of the 
same line of service (viz., infantry, cavalry, or artillery), who has longest 
held that rank, is promoted. This in turn causes the promotion of the 
senior officer of the next lower rank, and so on down. But promotion 
above the rank of colonel is determined by the President and is not 
necessarily according to seniority or rank. At present there are seven 
major-generals and twenty-six brigadier-generals in active service. 

The officers who have been mentioned are all commissioned officers. 
They hold commissions signed by the President. Besides them there 
are in each company from four to eight corporals and above these from 
five to nine sergeants, who are all called non-commissioned officers. They 
are simply private soldiers selected for these positions by the captain of 
the company. They are not in the line of promotion to become commis¬ 
sioned officers, but receive slightly more pay than the other soldiers and 
assist the captain and lieutenants in drilling and managing the company. 


84 


NATION AND STATE 


The Military Academy. Occasionally a private soldier of unsual 
ability and merit may pass the necessary examinations and become a 
second lieutenant. But, except when, in time of war, a large increase 
in their number is necessary, the commissioned officers of the army are, 
as a rule, supplied by the United States Military Academy at West Point, 
N. Y. Each Senator, Representative, and territorial delegate has the 
appointment of one cadet to the Academy, and the President has the 
appointment of forty at large and one from the District of Columbia. 
Those who enter must be between seventeen and twenty-two years old, 
must have no important physical defects, and must pass an examina¬ 
tion in grammar, composition, and literature, descriptive and physical 
geography, United States history, elementary algebra, and plane geome¬ 
try. The course is four years of study and military drill, all necessary 
expenses being paid by the government. Upon graduating, a cadet is 
commissioned a second lieutenant in the army. 

Appropriation for the Support of the Army Limited to Two 
Years. This provision of the Constitution prevents Con¬ 
gress from providing for the maintenance of a standing army 
for more than two years ahead. And as the members of 
the House of Representatives are elected by the people 
every two years, it is evident that no standing army can 
continue to be kept up in this country without the consent 
of the people. As a matter of fact, the appropriations foi 
the army are made by Congress for but one year at a time. 

Section VIII. Clause 13. The Congress shall have 
power to provide and maintain a navy. 

Our Navy. It is generally believed that we have more 
need of a strong navy than of a great army. And while our 
navy is not the first in the world, 1 it ranks well in strength 
and efficiency and is rapidly growing. 

1 Great Britain has much the most powerful navy in the world, while 
France is second. Germany and the United States come next, and at 
present do not differ greatly in naval strength. 



BATTLESHIP ' OREGON 








PO WEES GIVEN TO CONGRESS 


85 


The principal ships in a modern navy are battleships, armored cruis¬ 
ers, gunboats, torpedo-boats, torpedo-boat destroyers, and transports. 
Modern battleships are large ships, with every part of the hull above 
the water completely covered with thick and exceedingly hard steel 
armor, and armed with the most powerful cannon. A first-class battle¬ 
ship costs nearly or quite ten millions of dollars and takes several years 
to build. An armored cruiser may be almost as large and costly as a 
battleship, but is less heavily armored and does not carry such heavy 
guns. It is, therefore, lighter and has more speed. A gunboat is 
much smaller, with little or no armor, and armed with small cannon. 
It is often of such light draft as to enable it to go into shallow bays or 
rivers. A torpedo-boat is small and very swift. It is not built for fight¬ 
ing, but solely to destroy large ships by exploding torpedoes under them. 
Torpedo-boat destroyers are larger than torpedo-boats, but are as swift 
as, or swifter than, they, and, as their name indicates, are to protect the 
large wnr-ships by destroying the enemy’s torpedo boats. Transports 
are the merchant ships of the navy, which transport men and supplies. 

Naval Officers. The lowest commissioned naval officer 
is an ensign. Next above him is the lieutenant, junior 
grade. Then comes the lieutenant, then the lieutenant- 
commander, then the commander, and then the captain. 
A captain has command of a ship; he corresponds to a 
colonel in the army. The lower officers all have their duties 
in assisting him, just as the lieutenant-colonel, major, 
captain, etc., assist the colonel wdth his regiment. The 
smaller ships are often in charge of commanders, and some¬ 
times of lieutenant-commanders, and even of lieutenants. 
The only rank above captain now regularly established in 
the navy is that of rear-admiral, who commands a squadron 
of several ships. The ship in which the rear-admiral sails 
is called the flagship. 

The offices of commodore and vice-admiral formerly 
existed, but are now abolished. The rank of admiral was 
also abolished, but after the destruction of the Spanish fleet 


86 


NATION AND STATE 


in Manila Bay, during our war with Spain, Congress revived 
the grade of admiral, and George Dewey was appointed 
to the position for life. At his death or resignation this 
rank will cease to exist. There are now twenty-five rear- 
admirals in active service. 

Retirement, Promotions, etc. Naval officers are retired 
with pensions for life at sixty-two, and may be retired and 
pensioned earlier if disabled through injury or illness. 
When a vacancy occurs, the officer of the next lower rank 
who has longest held that rank is promoted. Seamen, gun¬ 
ners, firemen, etc., who correspond to the private soldiers 
and non-commissioned officers in the army, are secured by 
voluntary enlistment for a term of four years. 

The Naval Academy. The Naval Academy at Annapolis, Md., 
corresponds to the Military Academy at West Point, and furnishes the 
navy with its officers. Students at the Naval Academy are called mid¬ 
shipmen, and are, like the cadets at West Point, appointed on the recom¬ 
mendation of the members of Congress, each Congressman having two 
appointees at the Academy. The President appoints two from the 
District of Columbia and thirty at large. Those who are admitted 
must be between sixteen and twenty years old, must have no important 
physical defects, and must pass a thorough examination in the elemen¬ 
tary and some higher branches. The course of study is six years, four 
at the Academy and two at sea. Midshipmen are entirely supported by 
the government, and upon graduation are commissioned as ensigns in 
the navy. 

Section VIII. Clause 14. The Congress shall have 
power to make rules for the government and regulation of the 
land and naval forces. 

Rules and Punishments in the Army and Navy. As Con¬ 
gress by law establishes the army and navy, it properly 
makes the rules for their government. These are such as 




PO WEES GIVEN CONGEESS 


87 


are recommended by military and naval authority. They 
are read to each recruit at enlistment and to the soldiers 
and sailors every six months afterward. 

The commanding officer at a military post or on ship may 
inflict light punishment for minor offences. But for serious 
offences there is a trial by court-martial, composed of a few 
officers. They may inflict any legal penalty, even death, 
though severe penalties are subject to the approval of the 
President. 

Members of the army and navy are not subject to trial by juries in - 
the civil courts for military offences, but are always punished for such 
offences by their officers or by courts-martial. But for civil crimes, 
except in time of war, the offender must be delivered up to the civil 
magistrate having jurisdiction of the offence. 

Section VIII. Clause 15. The Congress shall have 
power to provide for calling forth the militia to execute the 
laws of the Union , suppress insurrections, and repel invasioris. 

The Militia. The militia consists of all the able-bodied 
male citizens of the United States between the ages of eigh¬ 
teen and forty-five. The authorities of each State are re¬ 
quired every year to enroll the names of all such citizens in 
their State; and according to law, first passed in Washing¬ 
ton’s administration, the President may if necessary call 
them into active service. 

Section VIII. Clause 16. The Congress shall have 
poiver to provide for organizing , arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States respect¬ 
ively the appointment of the officers, and the authority of train¬ 
ing the militia according to the discipline prescribed by Con¬ 
gress. 











88 


NATION AND STATE 


The Organization of the Militia. Soon after the adoption of 
the Constitution a plan was adopted of gathering for military 
drill on one day of each year all able-bodied male citizens 
between eighteen and forty-five. This general muster was 
found to be of no value, and has long been everywhere aban¬ 
doned. Now the States all have regularly enlisted troops, 
commonly called the National Guard. These are uniformed 
and armed exactly like the regular troops of the United 
States, and are drilled in the same way, but their officers are 
appointed by the States. There are more than a hundred 
thousand of these troops in the country. Their main use is 
to preserve order in their respective States, but in time of war 
they could be of great service. During the Spanish War the 
members of the National Guard very generally enlisted in the 
United States Army. 


Section VIII. Clause 17. The Congress shall have 
'power to exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, 
become the seat of the government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other 
needful buildings. 







District of Columbia Governed by Congress. In order to 




make Congress and the officers of the government indepen¬ 
dent of any State, this clause puts the government of Wash¬ 
ington and the whole District of Columbia entirely into the 
hands of Congress. The laws for the District are made by 
Congress, and it is governed by three commissioners, who 
are appointed by the President, one of them being an officer 










POWERS GIVEN CONGRESS 


89 


of the corps of engineers of the army. They appoint the 
police and firemen, as well as some other officers. The 
citizens of the District of Columbia have no votes and no voice 
in their government. Half of the expenses of the District is 
paid out of the United States Treasury; the other half is 
paid by the citizens and property owners of the District. 

At the time of the adoption of the Constitution, the Continental Con¬ 
gress held its sessions in New York, and that city continued to be the 
capital until 1790, when it was removed to Philadelphia. Philadelphia 
was the capital until 1800, when it was removed to Washington. 

The District of Columbia was originally ten miles square, about two- 
thirds of it being in Maryland and the rest in Virginia. This territory 
was ceded to Congress by these States in 1790. But Virginia’s part was 
receded to her afterward, and now the District lies wholly within the 
State of Maryland, but it is not in any sense a part of that State. The 
District of Columbia is really a Territory, but it is not usually classed as 
such, because it is governed so entirely differently from the other Terri¬ 
tories. 

Post Office Buildings, Forts, etc. Most Post Offices are in 
private buildings rented by the government or furnished by 
the postmasters. But in large towns the government buys 
land and builds its own Post Offices; it also owns many dock¬ 
yards, forts, custom-houses, and other public buildings. In 
such cases the State Legislatures pass laws giving the control 
and government of this property to Congress, but the States 
reserve the right to serve legal notices and to arrest criminals in 
these places. 

Section VIII. Clause 18. And the Congress shall have 
power to make all laws which shall he necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested hy this Constitution in the government of the 
United States, or in any department or officer thereof. 



90 


NATION AND STATE 


This Enacting Clause Unnecessary. This clause was intended 

to settle beyond question the right of Congress to pass all 
laws necessary to enforce the provisions of the Constitution. 
But ever since the adoption of the Constitution it has generally 
been field by the courts and other authorities that the adop¬ 
tion of the Constitution would have authorized Congress to 
enforce it. The results would probably have been just the 
same if this clause had been omitted, though there might have 
been more controversy about it. This clause was most bit¬ 
terly attacked by those who objected to the ratification of 
the Constitution. Patrick Henry, who tried very hard to 
keep Virginia from ratifying the Constitution, called this the 
“sweeping clause,” holding that it was so sweeping in its 
character that Congress under its authority would overthrow 
the State governments. 

Implied and Delegated Powers. After the Constitution was adopted 
there was no longer any doubt that Congress had the right to exercise 
the powers clearly and definitely given it by the Constitution. There 
was, for instance, no doubt that Congress had the right to raise and 
maintain an army, establish Post Offices, or pass a national bankrupt 
law. These powers are expressly delegated or given to Congress in the 
Constitution, and hence are called delegated powers. But as soon as the 
new government got to work, Congress was asked to do things that were 
desirable and important to the country, but of which there was no men¬ 
tion made in the Constitution. Congress clearly had the right to regu¬ 
late commerce with foreign nations, but had it the right to build light¬ 
houses and deepen harbors, so as to make commerce safe, when there 
is no mention in the Constitution of light-houses or harbors? There 
was no doubt that Congress could lav and collect duties on imported 
goods in order to pay the debts of the United States, but could it estab¬ 
lish such a tariff to protect American manufactures? Such powers are 
called implied powers, that is, the powers which are implied in the 
rights expressly given to Congress. 

Strict Constructionists and Loose Constructionists. From the very 
beginning of our present form of government men differed as to the 


POWERS GIVEN CONGRESS 


91 


implied powers of Congress. While very few statesmen entirely denied 
the possibility of implied powers, very many denied all but such as were 
clearly implied in the Constitution, or as were essential to carrying out 
the provisions of the Constitution. Such men wished to confine the 
powers of Congress just as strictly as possible to those laid down in the 
Constitution, and so were called strict constructionists. Other men 
wished to give Congress just as many useful powers as they could pos¬ 
sibly find excuse for in the Constitution. They were called loose con¬ 
structionists. Alexander Hamilton, the Secretary of the Treasury in 
Washington’s Cabinet, was the first great leader of the loose construc¬ 
tionists; and Thomas Jefferson, the Secretary of State in Washington’s 
Cabinet, was the first leader of the strict constructionists. The contro¬ 
versies between these two men and their adherents soon gave the country 
two political parties, and the essential difference between the two political 
parties in this country has ever since been based on this question. The 
Republican Party of to-day is the direct descendant of Alexander Hamil¬ 
ton and his loose constructionists, while the present Democrats are the 
followers of Thomas Jefferson and his strict construction views. There 
have often been other temporary differences and frequent inconsisten¬ 
cies and departures from the principles of their parties to catch votes, 
but the underlying differences between the two great parties in this 
country has always been as to the strict or loose construction of the Con¬ 
stitution, and from the form of our government this is likely to continue 
to be the case. 




CHAPTER IX. 


POWERS DENIED TO CONGRESS. 

Article I. Section IX. Clause 1. The migration or 
importation of such persons as any of the States now existing 
shall think proper to admit shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and 
eight , but a tax or duty may be imposed on such importation , 
not exceeding ten dollars for each person. 

Powers Forbidden Congress. For some time we have been 
learning the powers of Congress. This section of the Con¬ 
stitution gives the prohibitions on Congress; so we shall now 
learn what Congress must not do. 

The Slave Trade. This clause refers to the foreign slave 
trade and was the third great compromise in the Constitu¬ 
tion. The word “ persons” was purposely used to avoid 
using “slaves ” or “slavery,” which are not found in the Con¬ 
stitution. Slavery once existed in every one of the thirteen 
original colonies, and when the Constitution was made it had 
been entirely abolished in Massachusetts only. But it was 
fast dying out in all the Northern States, and even in Dela¬ 
ware, Maryland, and Virginia there was a general feeling 
against it. But North Carolina, South Carolina, and Georgia 
wanted more slaves, and insisted that a clause be put in the 
Constitution to prevent Congress from stopping the foreign 
slave trade. The other States objected to such a clause, but 
finally they compromised the matter by allowing Congress to 
(92) 


POWERS DENIED TO CONGRESS 


93 


stop the slave trade in 1808, or twenty years after the adoption 
of the Constitution. 

Newly Imported Slaves Might be Taxed. The Constitution 
allowed Congress to lay a tax on each new slave thus brought 
in during these twenty years, but carefully prevented such a 
tax from being excessive or prohibitory, by limiting it to ten 
dollars per head. Congress never exercised its right to tax 
the slaves imported at this time. 

It will be noticed that this clause only prevents Congress from stop¬ 
ping the importation of foreign slaves into the “States now existing,” or 
the thirteen original States; so that Congress might at any time have 
passed a law prohibiting the importation of slaves into the new States 
formed during those twenty years. But this was not done. It will 
also be noticed that slaves must be allowed to be imported to such States 
as “ shall think proper to admit” them. As a matter of fact, all of 
the thirteen original States except North Carolina, South Carolina, 
and Georgia had prohibited the foreign slave trade when the Constitu¬ 
tion was adopted. 

The Slave Trade Stopped. Before January 1, 1808, Congress passed 
a law forbidding the importation of any more slaves after that date, 
under severe penalties; and in 1820 a new law was passed declaring the 
slave trade to be piracy and punishable by death. This did not, of 
course, free the slaves who were already here, which was only finally 
done by the Thirteenth Amendment to the Constitution in 1865. Nor 
did this law forbid the sale of slaves from one State to another, which 
was constantly done as long as slavery lasted. 

Section IX. Clause 2. The privilege of the writ of 
habeas corpus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety may require it. 

Writ of Habeas Corpus. A writ is a written or printed order 
sent by a judge, or other legal authority, commanding the 
person to whom it is sent to do a certain thing. These writs 
were once in Latin; and some of them are still called by the 





94 


NATION AND STATE 


important Latin words which were then in them. The Latin 
words habeas corpus mean “you may have the body.” And 
a writ of habeas corpus is an order from a judge to a jailer to 
bring some prisoner before the judge. When the prisoner 
is thus brought before him the judge examines the case, and 
if the prisoner should be set free the judge frees him; if not, 
the jailer takes him back to prison. 

The writ of habeas corpus is also used to bring children 
before a judge that he may decide a dispute as to who has 
the right to them; and sometimes it is used to bring before a 
judge a person who has been confined in an insane asylum, 
that he may decide whether the person is really insane. 

The writ of habeas corpus is an exceedingly important safeguard 
against unjust imprisonment. It came to us from England, where it has 
been one of the most valued rights of the people from very early times. 
Its continuance was guaranteed to the English people in the Magna 
Charta, the great charter of liberties which King John was forced by 
his subjects to give them in 1215. It was in force in the American col¬ 
onies before the Revolutionary War. So valuable a right was sure to 
be secured to the American people in their Constitution. 

Habeas Corpus Frequently Used to Secure Release of Prisoners on 
Bail. When a person is taken before a justice of the peace or a magis¬ 
trate, charged with any very serious crime, if there is strong evidence 
against him, the magistrate must send him to jail until he can be tried 
in court, and cannot let him go on bail until the time of his trial, as he 
may do when lesser crimes have been committed. In such cases the 
prisoner’s lawyer may get the judge to bring the prisoner before him on 
a writ of habeas corpus, and the judge may release him on bail until his 
trial comes off. Prisoners awaiting trial generally have the right to get 
out on bail, except when charged with crimes which may be punished 
with death. 


The Suspension of the Writ of Habeas Corpus. The right of 
any prisoner to have the justice of his imprisonment carefully 
examined into is so important that it is here provided in the 













PO WEES DENIED TO CONGRESS 


95 


Constitution that the writ of habeas corpus can be suspended 
oniy in times of rebellion or invasion by a foreign army, when 
the public safety may require it. Except under such circum¬ 
stances, neither the President nor any military or other power 
can prevent a judge from sending for any prisoner whose 
trial is to come in his court, and admitting him to bail or 
setting him entirely free, if he believes this to be just. 

But in time of rebellion or invasion it might be necessary 
to the safety of the country to imprison suspicious characters, 
and to refuse to allow judges to take them from prison and 
set them free for lack of proof against them, as some judges 
might do. 

Who May Suspend the Writ of Habeas Corpus. The Constitution 

does not say whether it is the President or Congress that has the right 

to suspend the writ of habeas corpus. But as all the other clauses 

in this section are prohibitions on Congress, it would seem that the 

makers of the Constitution intended to put the matter into the hands 

of Congress, and it is now agreed that this power belongs to Congress 

and not to the President. But earlv in the Civil War President Lin- 

«/ 

coin, without the authority of Congress, directed military officers in 
various parts of the country not to give up prisoners arrested on charges 
of disloyalty, even if judges issued writs of habeas corpus for them. 
Congress afterward passed a law legalizing these acts and giving him 
power to continue to suspend the writ of habeas corpus in this way. 

While a jailer is compelled to obey a writ of habeas corpus and bring 
a prisoner before a judge having jurisdiction over the case, the judge is 
not compelled to grant such a writ merely because it is asked for. It is 
customary, however, for the judge to grant it, and to give the prisoner 
a hearing whenever it appears that it would be unjust to the prisoner 
not to do so. 

Section IX. Clause 3. No bill o) attainder or ex post 
facto law shall be passed. 

A Bill of Attainder. A bill of attainder is a bill passed by a 

legislative body punishing a man without giving him a trial 
7 




96 


NATION AND STATE 


in court. When the Constitution was made the British Parlia¬ 
ment had the right to do this, and so frequently had men been 
unjustly condemned to death in this way by Parliament that 
this provision was put into the Constitution to prevent Con¬ 
gress from ever passing a bill of attainder. 

Ex Post Facto Laws. An ex post facto 1 law is a law which 
makes an act criminal that was not criminal when it 
was committed. And a law which increases the punish¬ 
ment of any crime after that crime has been committed is 
also an ex post facto law. It would clearly be unjust to pun¬ 
ish a man for something which, according to the law existing 
when the act was committed, was not criminal. But a law 
decreasing the punishment of a crime after it was committed 
would not be an ex post facto law, and might be passed by 
Congress. 

This refers only to criminal laws, and not to laws concerning debts or 
property. A little farther on under the clause forbidding the States to 
pass laws impairing the obligations of contracts, it will be shown that 
Congress may pass civil laws corresponding to ex post facto laws. 

Section IX. Clause 4. No capitation or other direct 
tax shall he laid, unless in proportion to the census or enumera¬ 
tion hereinbefore directed to he taken. 

Poll Tax. A capitation tax is a poll tax, that is, a tax not upon a 
person’s property, but upon the person himself, each person thus taxed 
paying the same tax, whether rich or poor. As the Constitution had 
already provided that direct taxes should be apportioned among the 
States in proportion to their population; and in estimating the popula¬ 
tion of the slave States only three-fifths of the slaves were to be counted, 
this clause would prevent Congress from ever making a poll tax include 
more than three-fifths of the slaves. As a matter of fact, Congress has 
never laid a poll tax, but some of the States have laid poll taxes or have 
authorized counties or other municipalities to do so. This clause 

1 Ex post facto is a Latin phrase meaning “after the deed is done.” 


PO WERS DENIED TO CONGRESS 


97 


applies only to taxes laid by Congress, and would not have prevented 
the Legislature of a slave State from laying a poll tax on all its slaves. 

Section IX. Clause 5. No tax or duty shall he laid on 
articles exported from any State. 

Export Duties Prohibited. Goods imported into the United 
States may be, and generally are, taxed, but this clause abso¬ 
lutely forbids laying taxes on any goods as they are sent out 
of the country. Civilized countries are now generally agreed 
that export duties so interfere with the sale of what people 
produce or make that they are an unwise way to raise taxes. 

The Second Compromise of the Constitution. This clause is 
a part of the second great compromise of the Constitution. 
The Northern States, which were especially interested in 
foreign commerce, were very anxious that Congress, and not 
the individual States, should control commerce. The South¬ 
ern States were agricultural, and several of them at that time 
depended almost entirely upon one or two products, South 
Carolina, for instance, upon rice. These States feared that 
some time a Congress hostile to them might lay such an 
export duty upon their products as would increase their price 
in foreign markets, so that they could not be sold there at all. 
This would ruin the industries of those States. So the Southern 
States agreed to support the Northern States in giving Congress 
control of commerce, if the Northern States would unite with 
them in forbidding Congress to lay any export duties. And 
Clause 3 of Article I., Section VIII. (see p. 63), was the result 
of this compromise. 

Section IX. Clause 6. No preference shall he given 
by any regulation of commerce or revenue to the ports of one 
State over those of another; nor shall vessels hound to or from 
one State be obliged to enter , clear , or pay duties in another. 





98 


NATION AND STATE 


No Preferences Among Seaports. We have already seen 
that all import duties must be uniform throughout the United 
States, and Congress is here forbidden to pass any law favor¬ 
ing the ports of one State over those of another. The laws 
regulating commerce must be the same at all our seaports. 

Entering and Clearing Ships. Entering a ship in a port 
means reporting her arrival, cargo, etc., at the custom house. 
Clearing a ship is receiving from the custom house author¬ 
ities permission to leave the port. All ships coming from 
foreign ports must enter, and all ships sailing to foreign ports 
must clear. But American ships go from one port to another 
in the United States without entering or clearing. A ship 
which is bound to or from one port cannot be made to enter, 
clear, or pay duties at another. 

The last part of this clause was put into the Constitution at the re¬ 
quest of the delegates from Maryland. As the Chesapeake Bay runs 
through ihe State of Virginia, the Maryland delegates feared that ships 
from Baltimore might be obliged to stop at Norfolk or some other Vir¬ 
ginia seaport on their way to and from the ocean. This clause pre¬ 
vents the possibility of such a thing there or elsewhere. 

Only American ships may engage in the coasting trade, that is, may 
carry passengers and goods between ports in the United States. And, in 
order to give business to American ship-builders, the laws require Ameri¬ 
can ships to be built in American ship-yards. So all our coasting, lake, 
and river boats must be built in the United States. But both American 
and foreign ships may engage in foreign trade, and, since labor and 
ship materials are cheaper abroad than here, almost all of our foreign 
commerce is now carried in foreign ships. 

Section IX. Clause 7. No money shall be drawn from 
ihe treasury, but in consequence oj appropriations made by 
law; and a regular statement a?id account of the receipts and 
expenditures of all public money shall be published from time 
to time. 


POWERS DENIED TO CONGRESS 


99 


How the Nation’s Money is Spent. This clause is strictly 
observed and the United States Treasury is carefully and 
honestly managed. Congress may make unwise and extrav¬ 
agant appropriations, but the \ reasurer of the United States 
' pays out no money except as authorized by law. A large part 
of the time of each session of Congress is spent in considering 
and passing the appropriation bills, and one of the most 
important committees of each House is the Appropriation 
Committee, which prepares these bills for the consideration 
of Congress. Each year the Secretary of the Treasury pub¬ 
lishes a full and accurate account of all the government’s 
receipts and expenditures. 

Section IX. Clause 8. No title of nobility shall be 
granted by the United States ; and no person holding any office 
of profit or trust under them shall, without the consent of 
Congress, accept of any present, emolument, office, or title, of 
any kind whatever, from any king, prince, or foreign state. 

Titles of Nobility Forbidden. Titles of nobility 1 have been 
so universally associated with monarchical governments 
that the makers of the Constitution determined that none 
should ever be granted by the United States. This does not 
prevent private citizens of the United States from receiving 
titles of nobility from the monarchs of foreign countries, and 
such titles have sometimes been granted. The clause does, 

1 In England the nobility consists of dukes, marquises, earls, viscounts, 
and barons (who are all members of the House of Lords), baronets, and 
knights. The last two have the title Sir. Except in the case of a 
knight, a nobleman’s title at his death descends to his eldest son or 
other nearest male relative. Titles in England are conferred by the 
sovereign. Similar titles are found in the other countries of Europe, 
and wherever they exist their possession is highly esteemed. 


100 


NATION AND STATE 


however, forbid any government official to accept such a 
title without the consent of Congress. 

Presents to Government Officials. Government official.', are 
also forbidden, unless Congress gives permission, to accept 
presents, pay (emoluments), or offices from foreign states 
or their rulers. This is clearly proper, otherwise our 
officials might be bribed to favor the interests of other coun¬ 
tries rather than of their own. Congress has repeatedly 
given officers permission to accept such presents when no 
harm could come from doing so. But such gifts to the Presi¬ 
dent or to other prominent officials are usually courteously 
received and permanently deposited in the White House or 
elsewhere in the custody of the government. 

This clause does not prevent private American citizens 
from receiving presents from foreign rulers, nor from accept¬ 
ing offices from foreign governments. Nor does it forbid 
office-holders to accept presents from private citizens here 
or abroad, although a self-respecting officer will always be 
careful not to accept gifts which could influence him from 
doing his duty, or could even be suspected of exerting such 
influence. 


CHAPTER X. 


POWERS DENIED TO THE STATES 

Section X. Clause 1 . No State shall enter into any 
treaty, alliance, or confederation; grant letters of marque and 
reprisal; coin money; emit hills of credit; make anything but 
gold and silver coin a tender in 'payment of debts; pass any bill 
of attainder, ex post facto law, or law impairing the obligation 
of contracts, or grant any title of nobility. 

Powers Forbidden the States. The last chapter told what 
Congress must not do. This chapter tells what the States 
must not do. It will be noticed that these powers are such 
as should naturally and properly be exercised not by any one 
State acting alone, but by all the States acting together. The 
only way therefore is to give them into the hands of the 
national government. All of these powers, unless somewhere 
in the Constitution they are forbidden entirely, belong to the 
national government. 

No State Shall Enter into any Treaty, Alliance, or Confedera¬ 
tion. It is evident that all treaties with foreign nations should 
be made by the national government. Individual States 
have no dealings with foreign nations. Any controversy 
which any State or the citizen of any State may have with a 
foreign nation is carried on through the national govern¬ 
ment. This clause also prevents States from making treaties 
or alliances among themselves. Two or more States could 

( 101 ) 



102 


NATION AND STATE 


not, for instance, agree to pass uniform divorce laws, or other 
State laws. 

No State Shall Grant Letters of Marque or Reprisal. It will be 

remembered that letters of marque and reprisal are permits 
given in time of war to private citizens authorizing them to 
seize or destroy the enemy’s property, especially at sea. If 
any State should do this it would be liable to involve the 
whole country in war. If letters of marque and reprisal are 
issued at all, and they are now rarely resorted to, it should 
evidently be done only by the national government. 

No State Shall Coin Money. It is very important that the 
money everywhere in the United States should be of the same 
kind, and of the same value. The only way to have uniform 
money was to take away from the States all right to coin 
money and to give this right to the national government. 

No State Shall Emit Bills of Credit. Bills of credit are paper 
money. During the Revolutionary War the various States 
issued large amounts of paper money, which decreased in 
value until it finally became worthless and caused the people 
much loss. This clause forbids any State to issue such money, 
and as the States cannot coin money they issue no money of 
any kind. All our money is issued by the national govern¬ 
ment or by banks authorized by it to do so. The United 
States is not forbidden to emit bills of credit, and the treasury 
notes, a common kind of paper money, are bills of credit 
issued by the United States. They were never issued, how¬ 
ever, until the time of the Civil War. 

No State Shall Make anything but Gold or Silver Coin a Tender 
in Payment of Debts. As has already been explained, legal- 
tender money is money which a man is obliged to accept in 
payment of obligations due him. This clause prevents the 
States from compelling creditors to accept payment in paper 


POWERS DENIED TO THE STATES 


103 


money. Colonial currency, which rapidly depreciated, was 
issued by the States during the Revolutionary War, and 
down to the time of the Civil War private banks were 
authorized by the States to issue paper money. Where 
people had confidence in these banks, their notes were taken 
in payment of debts as readily as gold or silver, but in 
many of them the people did not have confidence, and they 
refused to take these notes at all or took them at a discount. 
On account of this clause in the Constitution, the States could 
never compel people to take these notes. 

Congress May Make Paper Money a Legal Tender. This 
clause only prohibits the States from making anything else 
than gold or silver coin a legal tender. Nor does the 
Constitution anywhere forbid Congress to do this. Con¬ 
gress has, therefore, assumed the right to make the treasury 
notes a legal tender for private as well as public debts, as 
will be seen by reading the inscription on the back of such 
a note, and the Supreme Court of the United States has 
confirmed its right to do this. 

Such Power was Probably not Intended. The best authorities have 
generally held that those who drew up the Constitution did not intend 
to give Congress the right to make paper money a legal tender; but that 
having carefully forbidden the States to do this, they were so sure that 
Congress would never do it that they felt it to be unnecessary to prohibit 
it. No attempt in this direction was made by Congress until during 
the Civil War, when the need of money to carry on the war was great. 
Congress first issued such money (the greenbacks), and made them a 
legal tender to compel people to take them. But there was so much 
doubt of the constitutionality of this action, as well as doubt whether 
the government would ever be able to pay this and the rest of the great 
debt incurred during the war, that these notes depreciated very much in 
value, and were at one time worth but little more than one-third as much 
as gold. When the war ended and the credit of the United States im¬ 
proved, the treasury notes increased in value, and when the government 


.104 


NATION AND STATE 


began to redeem them in gold, they had and still have the same value 
as gold. The Supreme Court of the United States has decided that 
since the Constitution does not expressly forbid Congress to issue these 
legal-tender notes, and since this is one of the powers belonging to sov¬ 
ereignty in other civilized nations, therefore Congress had the right to 
issue them. As this decision has finally settled the matter, it looks as if 
we should continue to have a limited amount of paper money, as well as 
gold and silver coin, a legal tender in this country. 

The Constitution does not Require Silver to be Made a Legal Ten¬ 
der. In recent years many advocates of the free coinage of silver have 
insisted that this clause (the only place where the word silver occurs 
in the Constitution) requires Congress to maintain a silver coinage and 
make it a legal tender. But it needs only a careful reading to make it 
clear that it simply forbids the States to make anything but gold or silver 
coin a legal tender, and leaves Congress free to make silver, or gold 
either, a legal tender or not, as it pleases. There is no more reason 
for assuming that Congress must continue to coin silver and make it a 
legal tender because the Constitution says that “no State shall make 
anything but gold or silver a legal tender” than for assuming that Con¬ 
gress must grant letters of marque and reprisal because the Constitution 
says that “no State shall grant letters of marque and reprisal 

No State Shall Pass any Bill of Attainder or Ex Post Facto Law. 

Although Congress has, in a previous clause, been forbidden 
to pass bills of attainder or ex post facto laws, that prohibition 
would not prevent the State Legislatures from passing them. 
This clause also forbids the States to pass such laws; so they 
cannot be passed at all in this country. 

No State Shall Pass a Law Impairing the Obligation of Con¬ 
tracts. A contract is an agreement between two parties. To 
impair a contract is to release one party from his agreement. 
When two men have made an agreement or bargain which 
they had a right to make, a State cannot pass a law which 
will allow either party to break that bargain. 

The practice of allowing customers to return purchases with which 
they are dissatisfied, which is so general in the great department stores 


PO WEES DENIED TO THE STATES 


105 


and elsewhere, is liable to make us believe that we have a right to demand 
the return of our money if we return our purchases uninjured. But this 
practice is purely voluntary, and when one has bought an article, unless 
there was an agreement to that effect, he cannot compel the seller to 
take back the article and refund his money, except when there was a 
misrepresentation or fraud in the sale. As we often say, “A bargain is 
a bargain.” 

The Dartmouth College Case. One of the most important law T suits 
ever tried in the United States, the Dartmouth College Case, arose 
under this clause of the Constitution. Early in the last century the 
Legislature of New Hampshire passed an act changing the charter which 
it had previously granted to Dartmouth College. The college appealed 
the case to the Supreme Court of the United States, which decided that 
the change of the charter would violate this clause of the Constitution 
and therefore could not be made. 

Congress May Pass a Law Impairing the Obligation of Con¬ 
tracts. There is nothing in the Constitution forbidding 
Congress to pass laws impairing the obligation of contracts, 
in matters which come under its jurisdiction, and the right to 
pass bankrupt laws expressly authorizes Congress to impair 
contracts by releasing bankrupts from the necessity of paying 
the remainder of their debts, after what property they have 
at the time of their bankruptcy has been divided among their 
creditors. 

This clause clearly prohibits the passage of bankrupt law r s by the 
States. But the Supreme Court has decided that the States may pass 
laws affecting future contracts, and many such laws have been passed 
by the various State Legislatures. 

No State Shall Grant any Title of Nobility. This supple¬ 
ments the previous clause forbidding Congress to grant any 
titles of nobility, and completely prevents the establishment 
in this country of any such class distinctions. 

Section X. Clause 2. No State shall, without the con¬ 
vent of Congress , lay any imposts or duties on imports or 


106 


NATION AND STATE 


exports, except what may be absolutely necessary for executing 
its inspection laws, and the net produce of all duties and imposts 
laid by any State on imports or exports shall be for the use of 
the treasury of the Untied States ; and all such laws shall be 
subject to the revision and control of the Congress. 

Congress Lays and Collects all Duties on Imports. The 

question of duties on imports and exports was one of the most 
important that came before the Constitutional Convention. 
Before the adoption of the Constitution each State fixed and 
collected its own duties. The Constitution took the laying 
of duties on imports entirely away from the States and gave 
it to Congress. This made these duties the same at all sea¬ 
ports, and gave the treasury of the United States its most 
important source of revenue. As we have already seen, the 
Constitution entirely forbids duties on exports. 

A State May Lay Sufficient Tax on Imports to Pay for Their 
Inspection. In order to protect its own citizens a State may 
provide for the inspection of things brought into the State. 
For instance, cattle may Ire examined before being brought 
into a State, to see that they have no contagious diseases, and 
the State may lay just enough tax upon the cattle or other 
things thus brought in to pay for the inspection. But for fear 
that this might be made a pretext for raising revenue for the 
State all money thus collected, which is not used to pay for 
the inspection, must be paid into the United States treasury. 

Section X. Clause 3. No State shall, without the con¬ 
sent of Congress, lay any duty of tonnage, keep troops or ships 
of war in time of peace, enter into an agreement or compact 
with another State or with a foreign power, or engage in 
war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 


POWERS DENIED TO THE STATES 


107 


Tonnage duties. The tonnage of a ship is the number of 
tons of freight it can carry. Duty on tonnage is a tax laid on 
ships in proportion to their tonnage or size. The Constitution 
has elsewhere given Congress the right to regulate the com¬ 
merce with foreign nations as well as among the States, and 
this clause prevents any State from interfering with com¬ 
merce by taxing ships in this way. 

State Troops, etc. It is evident that it is the business of 
the national government alone to carry on wars or to make 
treaties with foreign countries. There is, therefore, no need 
for any State to have a standing army or ships of war, and 
they would endanger the peace of the country. The State 
mihtia, composed of private citizens equipped and drilled 
as soldiers, preserves the peace in the State, and might in 
an emergency defend the State until the President sent the 
United States troops for its defence. If the States were 
allowed to make agreements among themselves, some of 
them might combine to favor each other to the detriment 
of the rest. 



CHAPTER XI. 


THE PRESIDENT AND HIS ELECTION 

Article II. Section I. Clause 1 . The executive 
power shall be vested in a President of the United States of 
America. He shall hold his office during the term of four 
years, and, together with the Vice-President, chosen for the 
same term, be elected . as follows: 

One Executive. The executive department of a government 
enforces the laws which the legislative department has made. 
It takes many Congressmen to make our laws, as it should; 
for many Congressmen are necessary to represent all parts 
of the country, and to make such laws as the people want. 
But to carry out laws one person is best. If there were several 
executives, they would often disagree among themselves as 
to how the laws should be carried out, and when they were 
not carried out each one would throw the blame on the others, 
so that no one could be held responsible for their failure. So 
the makers of the Constitution wisely put the duty of enforc¬ 
ing the laws into the hands of one man, and chose for him 
the title of President, and since then republics everywhere 
in the world have called their chief executives Presidents. 

Term of Office. The President is elected for four years. 
There is nothing in the Constitution to forbid his re-election 
for a second term, nor even for a third or fourth term. 
Washington, however, after serving two terms as President 

refused to allow himself to be elected for a third term, and 
( 108 ) 



THE WHITE HOUSE, WASHINGTON 



















THE PRESIDENT AND HIS ELECTION 


109 


there is a general feeling that no President should serve longer 
than two terms, and none has ever been elected more than 
twice. A majority of the Presidents elected who lived 
through their first term have been re-elected. 

One Term Might be Better. The Constitutional Convention at first 
decided to make the President’s term of office seven years and to forbid 
his re-election. But near the end of its session the term was made four 
years, and the prohibition of his re-election was dropped. Many per¬ 
sons now believe that the first plan would have been better for the 
country. There has never been a President who did not desire a re-elec¬ 
tion, and probably never will be one. A President can hardly avoid using 
the power of his office to further his re-election to a second term, and 
even if he should entirely avoid it, his friends and the thousands of office¬ 
holders whom he has appointed are certain to use their power and influ¬ 
ence, and make many voters believe that they can also use the President’s 
power to aid his re-election. There is a general belief that if the Presi¬ 
dent should be restricted to one term, it should be longer than four years, 
for it takes the President some time to learn the many and important 
duties of his office and how best to perform them. And frequent 
changes in this important office are unlikely to be for the best interests 
of the country. Several of the States have in recent years so changed 
their constitutions as to prevent their Governors from being re-elected, 
or at least from being re-elected until someone else had served a term 
as Governor. 

Section I. Clause 2. Each State shall appoint, in such 
manner as the Legislature thereof may direct, a number of 
Electors, equal to the whole number of Senators and Repre¬ 
sentatives to which the State may be entitled in the Congress. 
But no Senator or Representative or person holding an office 
of trust or profit under the United States shall be appointed 
an Elector. 

How to Elect the Presidents. The Constitutional Conven¬ 
tion had great difficulty in deciding how the President 
should be chosen. It did not have enough confidence in 


110 


NATION AND STATE 


the intelligence and wisdom of the common people to let them 
elect by a popular vote. It decided not to let Congress elect 
for fear that the President might be under the control of 
Congress after his election. Finally, the Convention decided 
to have each State select a few men to be Presidential Electors, 
who should select the President and the Vice-President. 

Choosing Presidential Electors. The legislature of each 
State decides how the Presidential Electors of that State 
shall be chosen. At first they were generally chosen by the 
State Legislatures, and in South Carolina this was done down 
to the Civil War. But now in every State the Presidential 
Electors are elected by popular vote. They are elected on a 
State ticket, each voter voting for as many lectors as there 
are Senators and Representatives from his State. 

This mode of election gives all the Presidential Electors of a State to 
one political party, and no matter how large the minority party in that 
State may be, it can choose no Electors and has no voice in the election 
of a President. In 1888 the Republicans elected a majority of the Presi¬ 
dential Electors, and consequently Harrison, the Republican candidate, 
was elected President, and Cleveland, the Democratic candidate, was 
defeated. Yet the Democratic Electoral candidates had received almost 
a hundred thousand more votes than the Republican candidates, be¬ 
cause the States which elected Democratic Electors gave them larger 
majorities than the Republican States gave their electors. 

If the States could be prevented from gerrymandering the Congres¬ 
sional districts, it would be fairer to have each Congressional district 
elect one Presidential Elector and let the State at large elect only the two 
Electors to whom its Senators entitle it. 

Number of Presidential Electors. Each State has as many 
Presidential Electors as it has members of Congress. This 
gives the small States an advantage over the large ones, for 
every State has two Senators and at least one Representa¬ 
tive. 


THE PRESIDENT AND HIS ELECTION 


111 


By the last census the population of New York was 7,268,894 and 
that of Nevada 42,335. New York has thirty-nine Presidential Elec¬ 
tors, Nevada has three. So New York has one Elector for about 
186,000 persons, while Nevada has one for 14,000 persons. 

Office-holders Cannot he Presidential Electors. No Senator 
or Representative, or person holding any United States office 
can be a Presidential Elector. This was intended to lessen 
the influence of Congress and office holders in the selection 
of a President. 

This also shows that members of Congress, strictly speaking, are not 
officers of the United States. 

Section I. Clause 3. The Electors shall meet in their 
respective States, and vote hy ballot for President and Vice- 
President, one oj whom, at least, shall not be an inhabitant 
of the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice-President, and they shall make 
distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of votes 
for each , which lists they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed 
to the President of the Senate. 

The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted. The person having the greatest 
number of votes for President shall be the President, if such 
number be a majority of the whole number of Electoi s appointed. 

And if no person have such majority, then from the persons 
having the highest numbers, not exceeding three, on the list oj 
those voted for as President, the House of Representatives shall 
choose immediately, by ballot, tne President. Rut in choosing 
8 


112 


NATION AND STATE 


the President the votes shall be taken by States, the representa¬ 
tion from each State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following , then the Vice- 
President shall act as President, as in the case of the death or 
other constitutional disability of the President. 

The person having the greatest number of votes as T ice- 
President shall be the Vice-President, if such number be a 
majority of the whole number of Electors appointed, and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice-President; a quorum 
for the purpose shall consist of tivo-thirds of the whole number 
of Senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President 
of the United States. 

Voting for President. At the so-called Presidential election 
in November the voters do not elect a President, but elect in 
each State a committee, equal in number to that State’s repre¬ 
sentation in Congress, who are the Presidential Electors for 
that State. About two months after the November election 
the Presidential Electors of each State meet at the capital 
of their State and vote by ballot for President and Vice- 
President. 

The Constitution requires that the Electors shall meet and vote in 
their own States, but where in the State they shall meet is fixed by the 
government of each State. At present the Electors meet at the State 
capital in every State except Rhode Island, where they meet in Bristol. 




TEE PRESIDENT AND HIS ELECTION 


113 


Presidential Electors Always Vote for the Candidates of their 
Political Party. The framers of the Constitution intended 
and expected the Presidential Electors to be free to exercise 
their own judgment in electing the President. They believed 
that in this way a wiser choice would be made than if the Presi¬ 
dent were chosen directly by the people. But this expecta¬ 
tion has completely failed in practice. Each political party 
chooses candidates for President and Vice-President several 
months before the election, and also selects in each State 
members of its own party to be voted for as Electors. Those 
who are chosen Electors always vote for the candidates of 
their party. So the Electors really have no choice of their 
own, and the people practically elect the President, but do it 
indirectly, by appointing Electors in each State to vote for a 
President as they are instructed by the people. 

A Dangerous Possibility. Although it is understood that 
the Presidential Electors who may be chosen in any State will 
vote for the Presidential candidate of the party which elected 
them, yet there is no way to compel them to do this, and they 
could vote for anyone else. And it is not impossible that at 
some close election enough Electors might be persuaded or 
bribed to vote for the opposition candidate to effect his election, 
in spite of the fact that the other party had elected a majority 
of the Electors. Such a proceeding would seriously endanger 
the peace of the country, if not the government itself. And 
to avoid such a possibility, it would seem to be wise so to 
change the Constitution as to make it impossible for a Presi¬ 
dential Elector thus to defeat the will of the voters who 
elected him. 

In the Presidential election of 1876, Hayes, the Republican candidate, 
received one hundred and eighty-five Electoral votes, and Tilden, the 
Democratic candidate, one hundred and eighty-four votes. If one Re- 


114 


NATION AND STATE 


publican Elector had been induced to vote for Tilden he would have 
been elected. 

One Restriction on the Electors’ Vote. The Constitution 
expressly forbids the Electors of any State to vote both for a 
President and a Vice-President from their own State. This 
makes it unlikely that both President and Vice-President 
will come from the same State, although it does not absolutely 
prevent it. For instance, the Electors from the other States 
could elect both the President and Vice-President from New 
Vork. But as the New York Electors could vote for but one 
of them, no political party would select both its candidates 
from that State, and take the risk of losing New York’s votes 
for one of its candidates. And even without this provision in 
the Constitution, any political party would be sure to select 
its candidates from different States, so as to secure more 
votes for its ticket. 

Three Reports of the Electors’ Votes. On the second Mon¬ 
day in January the Presidential Electors meet at the State 
capital and vote by ballot for President and Vice-President, 
though this is now a mere form, since they always vote for the 
candidates of their party. Three reports of this vote are 
made: one is sent by mail to the President of the Senate at 
Washington; another is sent to the President of the Senate by 
a special messenger, usually one of the Electors; the third is 
sent to the United States District Judge , 1 whose judicial dis¬ 
trict includes the State capital. 

Since the Constitution puts the manner of the appointment of the 
Electors in the hands of the States, each State makes its own regula- 

1 If the first and second reports both fail to reach Washington within 
two weeks, the Secretary of State sends for the report deposited with the 
District Judge. 


THE PRESIDENT AND HIS ELECTION 


115 


tions as to how its Electors shall do their work. The State usually 
provides that any vacancy in the Electors shall be filled by the other 
Electors; that the expenses of the Electors and of the messengers to 
the President of the Senate and the District Judge shall be paid 
out of the State treasury, etc. 

Counting the Votes. On the second Wednesday in February 
the Senators and Representatives meet in the hail of the 
Representatives to count the votes, ihe President of the 
Senate presides and opens the envelopes containing the reports 
of the votes of the Electors of the different States, lhese are 
counted by tellers appointed from both Houses and both 
political parties, and the result is announced by the President 
of the Senate. The person who has a majority of all the 
Electoral votes for President is elected President, and the one 
who has a majority of all the Electoral votes for Vice-Presi¬ 
dent is elected Vice-President. 

The Constitution only says. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the certifi¬ 
cates and the votes shall then be counted . The person having the greatest 
number of votes for President shall be President, etc. It does not give 
the President of the Senate the right to count the votes or to decide who 
is elected. If it did, the President of the Senate might, in deciding a 
dispute as to certain votes, really decide who should be President. All 
disputes which arise concerning the counting of the Electors’ votes are 
decided by agreement of the Senate and the House of Representatives, or 
by rules which they have previously made 

There is no provision for notifying the successful candidates of their 
election. The announcement of the vote by the President of the Senate 
ends the election proceedings, and the newspapers notify everybody of 
the result. 

When the Electors Fail to Elect a President. The Constitu¬ 
tion requires the President to have a majority of all the Elec¬ 
tors’ votes. In case these votes are evenly divided between 


116 


NATION AND STATE 


two candidates, or so divided among three or more candidates 
that no one has a majority, there is no election by the Electors. 
In such a case the House of Representatives elects the Presi¬ 
dent. Only the three men who had the greatest number of 
Electoral votes can be voted for. Each State has but one 
vote, which is cast by ballot. Two-thirds of the States must 
vote and a majority of the States must vote for one person to 
elect him. Two Presidents have been elected in this way by 
the House of Representatives, Thomas Jefferson in 1801, 
and John Quincy Adams in 1825. 

The Representatives from each State decide how their State’s vote 
shall be cast when they vote for the President. If a majority of the Rep¬ 
resentatives are Democrats, the State votes for the Democratic can¬ 
didate. If a majority are Republicans, the Republican candidate gets 
the vote. And if the Representatives are half Democrats and half Re¬ 
publicans, that State casts no vote. When Jefferson was elected by the 
House of Representatives in 1801, two States were thus equally divided 
and cast no votes. 

The House of Representatives which elects the President in such a 
case is not the one which was chosen at the time of the Presidential elec¬ 
tion in the previous November, but the one chosen two years before, 
and, therefore, less likely to represent the will of the people at the time 
of the Presidential election. 

Failure to Elect a Vice-President. If no one has a majority 
of the Electors’ votes for Vice-President, the Senate elects one 
from the two candidates having the highest Electoral votes. 
As each State has two Senators the States all have an equal 
voice in the election by allowing each Senator to vote, but 
two-thirds of the whole number must vote, and a majority 
of the Senators is necessary for a choice. And when the 
duty of electing a President falls upon the House of Rep¬ 
resentatives, if it should fail to elect before the fourth of 
March, the newly elected Vice-President would then become 


THE PRESIDENT AND HIS ELECTION 


117 


President for the next four years. Richard M. Johnson was 
elected Vice-President by the Senate in 1837. Now party 
lines are so closely drawn that President and Vice-President 
are sure to be both elected by the Electors if one of them is. 

It will be noticed that in case of an election by Congress any one of 
the three highest candidates for President may be voted for, but only 
the two highest candidates for Vice-President are eligible. In case the 
votes of the various States should continue to be so divided among the 
three candidates for the Presidency, that no one of them got a majority 
before the fourth of March, only the rare possibility of a continued 
evenly divided vote in the Senate would prevent the election of a Vice- 
President to take his place. If by some rare chance both Houses should 
fail to elect, there is nothing in the Constitution to provide for a Presi¬ 
dent after the fourth of March, and no one can foretell what would be 
done in such an emergency. Probably a knowledge of this fact would 
always secure the election either of a President or a Vice-President. 

The Change in Manner of Electing President and Vice-President. 
The manner of electing the President and Vice-President is not the one 
first adopted and used. The Constitution originally provided that each 
Presidential Elector should vote for two persons, without saying which 
should be President and which Vice-President. When the votes of the 
Electors were counted, the person having the greatest number of votes 
was to be President (provided a majority of the Electors had voted for 
him), and the person having the next highest number of votes was to be 
Vice-President. The first four Presidential elections were held in this 
way, but in 1800-1 all the Democratic Electors, who were in a majority, 
voted for both Jefferson and Burr, so that these two had each a majority 
of the Electoral votes, but neither was elected, for they had the same 
number of votes. After a serious dispute and much excitement the 
House of Representatives elected Jefferson President, and Burr Vice- 
President. And to avoid like trouble in the future the Constitution was 
amended to its present form. The present mode of electing the Presi¬ 
dent, which has been given and explained in the last few pages, is the 
Twelfth Amendment to the Constitution. The old method is given in 

full in the text of the Constitution. . . 

Majority and Plurality Voting. To be elected by a majority vote 
means that the person elected must have a majority of all the votes cast, 




118 


NATION AND STATE 


and he, therefore, has more votes than all the other candidates put 
together. But to be elected by a plurality vote one need only have more 
votes than any other candidate, and does not necessarily have even half 
of the votes cast. It will be noticed that the President and Vice-Presi¬ 
dent must have a majority whether elected by the Electors or by Con¬ 
gress, and formerly a majority vote was generally required in all elec¬ 
tions. But the difficulty of getting a majority for one person, when there 
w T ere three or more candidates, has caused an almost universal change 
to elections by pluralities. In every State the Presidential Electors are 
themselves chosen by pluralities, although they can only elect a Presi¬ 
dent by a majority vote. And members of Congress as well as State and 
municipal officers are now generally elected by pluralities. 

The Hayes-Tilden Election. A very serious dispute between the two 
great parties arose over the Presidential election of 1876. Both parties 
claimed to have chosen the Presidential Electors in Florida, Louisiana, 
and also one of the Oregon Electors. And both sets of Electors in these 
States sent their votes to the President of the Senate. If the votes of all 
the Republican Electors in those States were counted they would elect 
Hayes, the Republican candidate, by one vote; if the vote of even one 
Democratic Elector from these States was counted, it would elect Tilden, 
the Democratic candidate. Under the Constitution the President of the 
Senate had no power to decide which votes should be counted, and, as 
the House was Democratic and the Senate Republican, they would not 
agree upon a joint rule that would give the election to either party. 
Finally it was agreed to refer the matter to a committee of five Sena¬ 
tors, five Representatives, and five Justices of the Supreme Court. They 
decided, by a vote of eight to seven in each case, that the Republican 
Electors had been legally chosen in each of the three States. Their 
votes were accordingly counted, and Hayes was elected by one hundred 
and eighty-five votes to one hundred and eighty-four for Tilden. The 
Democrats acquiesced, but were bitterly dissatisfied with the result 
The peaceful acceptance of this decision demonstrated the great sta¬ 
bility of our government. 

How Such a Dispute Would Now be Settled. The Electoral Com¬ 
mission which decided the Presidential election of 1876 was only a term 
porary expedient, adopted for that one occasion, and the bitter feeling 
that its decision aroused in the Democratic party made it certain that 
such a plan would not be agreed upon again. For the permanent settle- 


TIIE PRESIDENT AND HIS ELECTION 


119 

ment of similar disputes in the future, Congress in 1887 passed a 
law 1 providing that thereafter: 

The authorities of each State shall decide which of two or more 
bodies of Presidential Electors were chosen. 

If but one body of Electors, apparently properly chosen, have sent in 
votes for President and Vice-President, such votes shall be counted; 
unless both Houses of Congress, voting separately, agree to reject them. 
If from any State two or more bodies of Electors have sent in votes, 
those shall be counted which were sent by the Electors who were 
declared by the proper State authorities to have been legally chosen. 

But if the question is raised as to which of these two or more bodies 
of Electors sending in votes from the same State has been properly 
elected, neither set of votes shall be counted, unless both Houses of 
Congress, voting separately, agree upon one. 

Presidential Nominations. As has been said, the expectation 
of the framers of the Constitution that the Presidential 
Electors would vote for the best men, without regard to party 
or other bias, has completely failed in practice. Now, several 
months before the Electors are chosen, each party selects 
a Presidential and a Vice-Presidential candidate. For this 
purpose each party holds a great national convention in some 
leading city. The smaller parties have various plans of mak¬ 
ing up their conventions, but the Republican and Democratic 
national conventions are made up of two delegates for each 
Senator and Representative. Each Territory, including the 
District of Columbia, is also entitled to six delegates, the same 
as the smallest States. These delegates are chosen before¬ 
hand by their parties, the four representing the two Senators 
being chosen by party conventions held in the various States. 
The Representative delegates in some States are also choser/ 
by the State conventions, but in others they are chosen by 
the Congressional districts. In the Republican convention 


1 For the full text of this law see Appendix (p. xxi). 


120 


NATION AND STATE 


a majority of the delegates nominates the candidates, but in 
the Democratic convention a two-thirds vote is necessary for 
a nomination. 

At the first two elections there were no nominations and Washington 
was elected unanimously both times. After that, the usual plan was 
for the Congressmen of each party to nominate the party’s candidates 
for President and Vice-President. The first national nominating con¬ 
vention was held by the Anti-Masonic party in 1831, and since 1836 all 
parties have nominated their candidates by such conventions. The dif¬ 
ferent parties in each State also nominate candidates for Presidential 
Electors. The two Senatorial Electors are nominated by the State con¬ 
vention, and the Representative Electors either by the State convention 
or by the party in the Congressional districts, according to the rules of 
each party. 

The National Committees. Each of the great parties appoints a 
national committee, of one member from each State and Territory, to 
conduct its political campaign, and to elect as many as possible of the 
Presidential Electors. Each State’s delegates to the national conven¬ 
tion appoint the member of the national committee from their State. 
The chairman of the committee is practically selected by the Presidential 
nominee. These committees, and especially their chairmen, are very 
important factors in a Presidential campaign. 

Section I. Clause 4. The Congress may determine the 
time of choosing the Electors, and the day on which they shall 
give their votes, which day shall be the same throughout the 
United States. 

Election Day. By having all the Presidential Electors 
chosen on the same day, the result of the election in one State 
cannot influence the election in another, and it largely pre¬ 
vents “ repeating,” that is, having men vote for Electors in one 
State and then moving them to another State to vote for the 
same party’s Electors there. Congress has fixed the next 
Tuesday after the first Monday in November for the Presi- 


THE PRESIDENT AND HIS ELECTION 


121 


dential election. And, unless the election should be very 
close, on the day after the election the whole civilized world 
knows who is to be the next President of the United States. 
The Presidential election always comes in Leap Year. 

As has already been mentioned, the Electors meet at their 
State capitals and vote for President and Vice-President on 
the second Monday in January. Although this is the day 
the President is actually elected, not a vote having been cast 
for him in November, yet the people generally have no con¬ 
cern about it and generally no knowledge of it, so thoroughly 
is it now settled that the Electors chosen in November are 
merely the agents of their parties and will vote for the party 
candidates. The counting of the Electors’ vote by Congress, 
a month later, on the second Wednesday in February, is the 
last step in the most important election now held in the 
world. 

Section I. Clause 5. No person except a natural-born 
citizen , or a citizen of the United States at the time of the adop¬ 
tion of this Constitution, shall be eligible to the office of Presi¬ 
dent; neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years , and been four¬ 
teen years a resident within the United States. 

The Qualification of Birth. It is evidently proper that the 
Constitution should require the President to be a natural- 
born citizen of the United States. The President and Vice- 
President are the only officers of whom this is required. The 
exception in favor of citizens at the time of the adoption of the 
Constitution was made on account of the many patriotic 
citizens of foreign birth who had distinguished themselves 
in the Revolutionary War and in the founding of the govern¬ 
ment. It was probably made especially on account of Alex- 


122 


NATION AND ST A TE 


ander Hamilton, of New York, and James Y ilson, of Penn¬ 
sylvania, both of foreign birth, who were members of the 
convention that framed the Constitution, and who had both 
previously rendered eminent service to the country. No 
advantage was ever taken of this provision; all of our Presi¬ 
dents have been born in the United States. And since all 
who could have been thus elected are now dead, this excep¬ 
tion is no longer of any value. 

A child born of American citizens while they were temporarily living 
abroad and who had retained their American citizenship, would be a 
natural-born citizen, and, so far as his birth is concerned, would be 
eligible to the Presidency. No such case has yet arisen, but after the 
battle of Gettysburg, in 1863, General Meade, who had been born of 
American parents in Spain, was widely discussed as a candidate for 
the Presidency; and again, after his election as Mayor of New York 
City in 1903, George B. McClellan was suggested for this office, though 
he had been born while his parents were staying temporarily in Dresden, 
Germany. In both cases it was generally agreed that they were eligible 
to the Presidency. 

Qualification of Residence. Even if born in the United 
States a man might have lived abroad so much of his life as to 
be unfitted to be President; so the Constitution requires that 
he must have lived at least fourteen years in the United 
States. 

Qualification of Age. It will be remembered that a Repre¬ 
sentative must be twenty-five years old, and a Senator thirty 
years old. And the Constitution wisely prohibits the election 
of a President younger than thirty-five. It is very unlikely 
that a younger man would have the experience, wisdom, and 
good judgment necessary for a President of the United States. 

Our Presidents have generally been much older than thirty-five. Before 
Roosevelt, Grant was our youngest President, having been elected at 
forty-six. But Roosevelt was President before he was forty-three. 


THE PRESIDENT AND HIS ELECTION 123 

Section I. Clause 6. In case of the removal of the 
President from office, or of his death, resignation, or inability 
to discharge the powers and duties of the said office, the same 
shall devolve on the Vice-President, and the Congress may 
by law provide for the case of removal, death, resignation, or 
inability both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall 
act accordingly, until the disability be removed or a President 
shall be elected. 

The Succession of the Vice-President. If the President dies, 
resigns or is removed from office, the Vice-President takes 
his place and becomes President. No President has ever 
resigned, and none has ever been removed from office, which 
could be done only through impeachment. Five Presidents 
nave died in office, three of them by assassination. 

If the President is unable to discharge his duties, the 
Vice-President should perform them until the President 
recovers, or until he dies, resigns, or is removed. But the Con¬ 
stitution provides no way of deciding when the President is 
unable to perform his duties. 

No Vice-President has ever assumed the duties of a President as long 
as the President was alive. President Garfield was shot on July 2d, 
but did not die until September 19tn. During that time the only official 
act he performed was to sign one paper. Yet Vice-President Arthur 
made no attempt to perform the President’s duties. 

Unimportance of the Vice-President. Unless he should be called 
upon to take the place of the President, the Vice-President has no other 
duty than to preside over the Senate, and there, as has been said, he has 
no vote except in case of a tie. He does not appoint the committees. 
The Vice-President is less important than the Speaker of the House or a 
member of the Cabinet, or even than a Senator. It seems likely that the 
framers of the Constitution intended that the chief function of the Vice- 
President should be his right to succeed to the Presidency. But had the 





124 


NATION AND STATE 


office been made more important, more care would sometimes have 
been taken in filling it. The Vice-President might properly and wisely 
be invited by the President to meet with his Cabinet, both to secure his 
counsel and to make him familiar with the policy and plans of the Presi¬ 
dent and his Cabinet, and thus better fit him to succeed to the Presi¬ 
dency, should such a contingency arise. 

When There is no Vice-President. The Constitution does 
not provide for a successor to the President when there is no 
Vice-President, but it authorizes Congress to make a law 
providing for such succession. Congress has done this, and 
in case of the removal, death, resignation or inability of both 
President and Vice-President, the Secretary of State would 
act as President until the disability was removed or until a 
President was elected. If there were no Secretary of State, 
or if he were unable to serve, the Secretary of the Treasury 
would be acting President, and if necessary the duty would 
fall upon some other member of the Cabinet in the follow¬ 
ing order: Secretary of War, Attorney-general, Postmaster- 
general, Secretary of the Navy, Secretary of the Interior. 
There is no provision for the succession of the Secretary of 
Agriculture or the Secretary of Commerce and Labor, as 
these offices had not been made when the Presidential suc¬ 
cession law was passed. 1 

The above is the order of rank of the President’s Cabinet, and on 
any official occasion they would be received or would sit in that order. 
The first four of these were made by the first Congress, and their order 
was doubtless determined by their supposed relative importance. The 
order of the other departments is the order of their establishment by 
Congress. 

The Presidential succession law requires that the Cabinet officer who 
acts as President must have the same qualifications of birth, age, etc., 
as a President, and his appointment to the Cabinet must have been 

1 For the full text of the Presidential succession law see Appendix 
(p. xix). 


THE PRESIDENT AND HIS ELECTION 


125 


confirmed by the Senate. He acts for the remainder of the Presi¬ 
dential term, unless it is a case of disability from which the President or 
Vice-President recovers before his term ends. 

It will be noticed that the member of the Cabinet would not become 
President, but would merely act as President, and he must at the same 
time retain his Cabmet office, or he would cease to act as President. In 
such a case he would probably leave most of his Cabinet work to his 
assistants in that Department, and if he were acting on account of the 
death, removal, or resignation of the President and Vice-President, he 
would doubtless occupy the White House and receive the salary of the 
President. 

Section I. Clause 7. The President shall, at stated 
times, receive for his services a compensation, which shall 
neither be increased nor diminished during the period for which 
he shall have been elected. And he shall not receive within 
that period any other emolument from the United States, or any 
of them. 

The President's Salary. The President should be paid an 
ample salary, and in order to make him independent Congress 
should have no power to raise or lower his salary during his 
term of office. The President’s salary was at first twenty-five 
thousand dollars per year, but since the beginning of Presi¬ 
dent Grant’s second term it has been fifty thousand dollars 
per year. He is forbidden to receive any extra compensation 
from the United States or from any State. But he is given 
the free use of the White House, which is furnished and partly 
maintained at government expense. The Vice-President’s 
salary is twelve thousand dollars per year. 

The cost of repairing, refurnishing, heating, and lighting the White 
House and of maintaining its greenhouses is paid by the government, 
as well as the salaries of the President’s secretary and other assistants. 
These extra expenses are less than one hundred thousand dollars per 
year. Every other important country in the world pays the head of 
its government much more than our President receives. 

o 



128 


NATION AND STATE 


Section I. Clause 8. Before he enter on the execution 
of his office he shall take the following oath or affirmation: 

“I do solemnly swear (or affirm) that I will faithfully exe¬ 
cute the office of President of the United States, and will to the 
best of my ability, preserve, protect, and defend the Constitution 
of the United States 

The Inauguration of the President. The President is inaugu¬ 
rated on t'he fourth of March following his election. The 
Chief Justice of the Supreme Court administers the oath and 
the President makes an address, usually giving his views and 
policy as to national affairs. This ceremony takes place in 
front of the Capitol in Washington, and is always witnessed 
by a vast crowd of people, who have come from all parts of 
the country to see it. 

The Vice-President is sworn into office in the Senate 
chamber on the same day. He takes the same oath, except 
that he promises faithfully to execute the office of Vice-Presi¬ 
dent. 

Any other judge or officer authorized to administer oaths would serve 
as well as the Chief Justice, in inaugurating a President. When Vice- 
Presidents have succeeded to the Presidency they have taken the Presi¬ 
dent’s oath privately before some nearby judge, as the circumstances 
have always made public inaugurations improper. 


CHAPTER XII. 


POWERS AND DUTIES OF THE PRESIDENT. 

Article II. Section II. Clause 1 . The President 
shall be Commander-in-chief of the army and navy of the United 
States, and of the militia of the several States, when called into 
the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties 
of their respective offices, ami he shall have power to grant 
reprieves and pardons for offences against the United States, 
except in cases of impeachment. 

The President and the Army and Navy. As the President is 
required to execute the laws, he must for this purpose be able 
to use the army and navy when necessary. And in war it is 
necessary that one person should control the military and 
naval forces; so it is natural and proper that the President 
should be Commander-in-chief. For this purpose it is not 
necessary that the President shall have been a soldier. He 
never actually commands an army or navy, but he selects 
the commanders and other officers, and in a general way 
directs the policy and campaigns in war. In army matters 
he is generally guided by the advice of the Secretary of War, 
and in naval matters by the advice of the Secretary of the 
Navy. 

The President and His Cabinet. The executive business of 
the country is divided into nine departments—namely, State, 
Treasury, War, Justice, Post Office, Navy, Interior, Agricul- 
9 ( 127 ) 





128 


NATION AND STATE 


ture, Commerce and Labor. The heads of these depart¬ 
ments, who are appointed by the President, form his Cabinet. 
While he sometimes asks of them written opinions, as the 
Constitution suggests, he usually consults them orally. The 
President holds frequent meetings with his Cabinet at the 
White House. At these meetings the affairs of government 
are discussed. While the members of the Cabinet are very 
important and influential officers, and have great power, 
they must not act contrary to the President’s wishes, and 
are really only his advisers and assistants. 

Reprieves and Pardons. A reprieve is the postponement of 
punishment. A pardon is a relief from punishment. The 
President has power to reprieve or pardon persons who have 
broken the laws of the United States, and who have been con¬ 
victed in the United States Courts or in army and navy courts- 
martial. But he has no power to pardon criminals who have 
broken State laws and have been convicted in State courts. 
These can only be pardoned by the Governor or other par¬ 
doning authority of the State. 

Commutation is lessening a punishment. The President 
may commute sentences, and often does so. 

The President is forbidden to change the sentence in case 
of impeachment, because officers who are impeached have 
in most cases been appointed by the President, and he might 
be prejudiced in their favor. 

Section II. Clause 2. The President shall have power, 
by and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur; 
and he shall nominate, and by and with the advice and consent 
of the Senate shall appoint, ambassadors, other public min¬ 
isters and consuls, f udges of the Supreme Court, and all other 


PO WEBS AND DUTIES OF THE PRESIDENT 129 


officers of the United States whose appointments are not herein 
otherwise provided for, and which shall be established by law: 
but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone , 
in the courts of law , or in the heads of departments. 

Treaties. A treaty is an agreement between two nations. 
‘The United States has treaties with all foreign nations, and 
new treaties about giving up criminals, disputed boundary 
lines, etc., are often made. Treaties are made, under the 
general direction of the President, by the Secretary of State. 
Sometimes he deals directly with the agent of the foreign 
government, or he may act through our minister to the foreign 
country or through a special minister. The President does 
not consult the Senate in making a treaty, but as it is after¬ 
ward subject to confirmation by the Senate, he usually con¬ 
sults the leading Senators about it, especially the members 
of the Senate Committee on Foreign Affairs, who must report 
for or against the ratification of the treaty. After a treaty is 
made it is considered in a secret session of the Senate, and 
goes into effect only when ratified by a two-thirds vote in that 
body. 

No treaty would be valid which violated the Constitution. But the 
President and Senate have sometimes made tieaties which overrode 
certain laws which Congress had made, as when the inhabitants of the 
Louisiana territory were made citizens by the treaty without complying 
with the naturalization laws. Yet when, in 1903, the reciprocity treaty 
was made with Cuba, by which the products and manufactures of that 
island were to be admitted to the United States at a twenty per cent, 
reduction in duty, the opposition of the Representatives to tins change 
in the tariff laws without their consent compelled the President and 
Senate to provide that the treaty should not go into effect until the 
tariff on Cuban goods was thus changed by Congress. And it seems 










130 


NATION AND STATE 


now to be settled that the President and Senate will not make a treaty 
affecting the revenue, unless the House of Representatives agrees to 
the necessary changes in the revenue laws. 

Appointments to Office. No duty of the President gives him 
so much trouble as filling the offices. He still appoints all 
the important officers of the government except the few other¬ 
wise provided for in the Constitution. As there are thousands 
of these offices, and they are in all parts of the country, the 
President would be able to fill wisely but few of them from 
his own knowledge alone. He is usually guided in his appoint¬ 
ments by the recommendations of the heads of departments 
or by the Senators and Representatives of his own party in 
whose States and Congressional districts the offices are located. 1 

Presidential appointments are usually made for four years, 
and officers must be reappointed every four years. They are 
given commissions signed by the President. But the Presi¬ 
dent has the power to remove at any time any appointive 
officer, except the judges of the United States Courts, these 
being appointed for life or during good behavior. 

Confirmation by the Senate. “ Advice and consent of the 
Senate” means that an officer appointed by the President 
cannot hold the office until his appointment is approved by 
a majority vote of the Senate. When considering and con- 

1 For instance, every Representative who belongs to the same party 
as the President now practically dictates the appointment of all the post¬ 
masters in his Congressional district. The Senators belonging to the 
President’s party generally influence the appointment of the postmasters 
of the great cities, of the Customs and Internal Revenue appointments 
by the President in their States, as well as of the postmasters in districts 
whose Representatives belong to the other party. Where he has no Sena¬ 
tors or Representatives of his own party the President is usually guided 
in his appointments by the advice of leading men of his party in tta 
State. 


POWERS AND DUTIES OF THE PRESIDENT 131 

firming appointments to office, the Senate meets in secret 
session, so that the Senators may not hesitate to discuss the 
appointments freely. But the proceedings of these executive 
sessions, as they are called, are always revealed by somebody, 
and so get into the newspapers. The Senate usually confirms 
the President’s appointments even when a majority of the 
Senators are not of his party. 

Senatorial Courtesy. It has now come to be almost an invariable 
custom of the Senate not to confirm an appointment by the President, 
unless the appointment is approved by one or both of the Senators from 
the State in which it is made, provided the Senator or Senators belong 
to the majority party in the Senate. This pernicious custom frequently 
compels the President to yield his independence and best judgment in 
appointments to a Senator who is influenced in the matter wholly by 
political or selfish considerations. 

Ambassadors, Ministers, and Consuls. Ambassadors and foreign 
ministers are a nation’s official representatives in other countries. We 
have an Ambassador or Minister in every foreign country of any impor¬ 
tance, and every important foreign country has an Ambassador or Min¬ 
ister in Washington. An Ambassador has the same duties as a Minister, 
but his title gives him a higher rank. The United States sends an Am¬ 
bassador to every country which sends an Ambassador to Washington, 
and sends Ministers to those which send Ministers to us. 1 Consuls are 
commercial or business agents of the country. The United States has 
Consuls in all the most important cities of the world. They look after 
the interests of American merchants, sailors, and travellers, and report 
whatever they find of value to American trade or manufactures. Foreign 
nations have Consuls in our great cities to serve their interests in the 
same wav. 

4 / 

The Appointment of Inferior Officers. Congress may give 
the President alone, or the judges of the courts or the Cabinet 
officers the right to appoint inferior officers, without the con- 

1 At present we have Ambassadors in England, France, Germany 
Russia, Austria, Italy, Mexico, Brazil, Japan, and Turkey. 




132 


NATION AND STATE 


sent of the Senate. The President appoints his own secre¬ 
tary and clerks, the judges of the United States courts appoint 
all but the most important officers of their Courts, and the 
Cabinet officers appoint almost all their assistants and clerks, 
but these last are usually required to pass civil service exami¬ 
nations before their appointment. 

The Spoils System. For forty years it was the policy of our 
Presidents not to allow efficient and honest officials to be 
removed from non-political offices. So postmasters, revenue 
officers, clerks, etc., were not changed on account of their 
politics, when the opposite party elected a President. From 
the beginning of Washington’s administration until the begin¬ 
ning of Jackson’s but seventy-four such officials were removed. 
But during his first year in office Jackson removed two thou¬ 
sand such officers to make places for members of his own 
party, and thus applied to national affairs the pernicious 
claim that “To the victors belong the spoils.” For many 
years this bad precedent was followed, and whenever the con¬ 
trol of the government passed from one party to the other, all 
office-holders, great and small, were put out of office and 
their places filled by members of the victorious party, gen¬ 
erally inexperienced and often inefficient, because they were 
chosen, not for their fitness, but as a reward for political ser¬ 
vices. 

Civil Service Reform. The abuses of the spoils system con¬ 
tinued without check for many years. But in 1883 a Civil Ser¬ 
vice Commission was established in Washington, which holds 
public competitive examinations twice a year in many places. 
Almost all the employes in the great department offices at 
Washington and in the Post Offices, custom houses and reve¬ 
nue offices in the country are now appointed only after passing 
these examinations. When a vacancy is to be filled, one of 




POWERS AND DUTIES OF THE PRESIDENT 133 


the three applicants who passed the best examination for this 
place is appointed. And no employe thus appointed can be 
removed except for just cause and after a fair hearing. But 
none of those officers who are appointed by the President and 
confirmed by the Senate are obliged to take the civil service 
examinations. For example, postmasters do not have to 
take these examinations, but Post Office clerks and letter- 
carriers do. No one employed by the government can be 
required to contribute to or to work for any political party. 

On June 30, 1904, 154,000 government positions were in the classi¬ 
fied service, that is, could be filled only by those who had passed the 
civil service examinations; 137,000 positions were still unclassified, 
and could be filled by the President or other appointing power without 
examination, but the majority of these were the fourth-class post¬ 
masters. The President has the power to transfer offices from the un¬ 
classified to the classified service, and has repeatedly done this. So that 
the number of government positions which can be got without passing 
the civil service examinations is constantly growing less. Full infor¬ 
mation about the civil service examinations and rules can be had by 
writing to the Civil Service Commission, Washington, D. C. 

Section II. Clause 3. The President shall have power 
to fill up all vacancies that may happen during the recess 0 } 
the Senate , by granting commissions which shall expire at the 
end of their next session. 

When the Senate is Not in Session. When the Senate is in 
session an officer appointed by the President does not receive 
his commission nor enter upon his office until his appoint¬ 
ment has been confirmed bv the Senate. But there must be 

«/ 

some way of temporarily filling positions that have become 
vacant while the Senate is not in session. When such vacancy 
occurs the President fills the place, and, in order to give the 
Senate ample time to act, gives a commission good until the 
end of the next session of the Senate. 


134 


NATION AND STATE 


If such an appointee is rejected by the Senate he may serve until the 
end of the session, but is likely to resign and let the President and Senate 
appoint someone else before the session ends. In 1SS6 President Cleve¬ 
land removed Frederick Douglass from the position of Recorder of Deeds 
in the District of Columbia and appointed James C. Matthews in his 
place. The Senate rejected the nomination. After the Senate had 
adjourned the President reappointed Mr. Matthews, who served until 
the Senate met, when the President again sent his name to the Senate. 
The Senate again voted against his confirmation, when the President 
appointed another to the office. 

Section III. The President shall from time to time give to 
the Congress information of the state of the Union, and recom¬ 
mend to their consideration such measures as he shall judge 
necessary and expedient. He may on extraordinary occasions 
convene both Houses, or either of them, and in case of disagree¬ 
ment between them with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper. He 
shall receive Ambassadors and other public Ministers. He 
shall take care that the laws be faithfully executed and shall 
commission all the officers of the United States. 

The President’s Message. The President may at any time 
send to Congress information and recommendations on some 
one subject of importance to the country, and he often does 
this. But at the opening of each regular session of Congress 
he sends to each House a long and carefully prepared message. 
This gives an account of the important official actions of the 
government while Congress was not in session, and of their 
causes and results. It also gives fidl information of the con¬ 
dition and needs of the country with his recommendations 
as to what Congress should do. 

Extra Sessions and Adjournment of Congress. The Presi¬ 
dent may, when he thinks it necessary, call a special session 
of Congress or of either House alone. Both Houses have 


POWERS AND DUTIES OF THE PRESIDENT 135 

thus been called together in special session but eleven times 
in our history. The House of Representatives has never been 
called in special session alone, for without the Senate it can¬ 
not complete any public business. But the Senate alone has 
repeatedly been called in extra session, to ratify treaties or to 
confirm appointments. A special session of the Senate is 
always called immediately after the inauguration of a Presi¬ 
dent to confirm his appointments. 

If the two Houses of Congress cannot agree upon a date 
of adjournment the President may adjourn them. But no 
President has ever done this. 

In England parliament is dismissed for a recess or dissolved for a new 
election only by the king’s command. 

Reception of Ambassadors and Ministers. An Ambassador 
or Minister from a foreign country is always received by the 
President when he arrives in Washington. This ceremony 
accepts him as the representative of his country. And if 
the President receives the Ambassador or Minister of a new 
government, he recognizes that government. This power of 
the President with reference to foreign Ambassadors and 
Ministers is very important, and if unwisely exercised might 
cause the country great trouble, and even war. 

In 1903, President Roosevelt, by receiving the Minister of Panama, 
recognized on behalf of the United States that Panama was an inde¬ 
pendent nation and no longer belonged to Colombia, from which it had 
recently revolted. 

Section IV. The President, Vice-President, and all civil 
officers of the United States shall be removed from office on 
impeachment for and conviction of treason, bribery, or other 
high crimes and misdemeanors . 

Impeachment and its Punishment. As has been shown 
(p. 40) impeachment is bringing charges against a United 


136 


NATION AND STATE 


States official before the Senate by the House of Representa¬ 
tives. This clause provides that only the President, Vice- 
President and other civil officers may be impeached, and 
specifies that they shall be impeached only for treason, bribery, 
or other high crimes and misdemeanors. “ High crimes and 
misdemeanors” is a legal phrase meaning all the crimes, grave 
and petty, which were included in the old English, or com¬ 
mon, law. We have previously learned (p. 40) that when 
impeached officers are convicted the Senate can only punish 
them by removing them from office and by disqualifying 
them from holding office again under the United States. 
Here we learn that in such a case the Senate must remove the 
convicted officials, but may or may not disqualify them from 
holding office again. 


CHAPTER XIII. 


THE PRESIDENT’S CABINET. 

The President’s Chief Advisers and Assistants. The Cabinet 
is a group of nine men, each of whom is the head of one of the 
nine great departments of the government. The Constitution 
does not provide for a cabinet nor even mention it, but the 
makers of the Constitution expected Congress to organize 
the government into such departments, for 

Article II., Section II., Clause 1 , says, the President 
may require the opinion , in writing , of the principal officer 
in each of the executive departments , upon any subject relating 
to the duties of the respective offices. 

The First Congress established, in 1789, the State Depart¬ 
ment, War Department, Treasury Department, and the 
Attorney-general’s office. And since then the Post Office 
Department, the Navy Department, the Interior Depart¬ 
ment, the Department of Agriculture, and the Department 
of Commerce and Labor have been added. 

Members of the Cabinet are the President’s Chief Advisers 

and Assistants. The members of the Cabinet are appointed 

by the President, and the Senate now never rejects these 

appointments, for it is felt that the President should have 

the right to choose his own advisers. They are the chief 

advisers of the President and meet him for consultation in 

Cabinet meetings at the White House on Puesdays and 

Fridays at eleven o’clock. Each of them manages his own 

department, subject to the laws of Congress and the direc- 

( 137 '• 





138 


NATION AND STATE 


tions of the President. While the President is largely influ¬ 
enced by the advice of his Cabinet he is not bound by it, and 
need not follow it. The President himself usually decides all 
the most important matters that belong to the executive 
department. Each member of the Cabinet has deputies and 
other assistants, as well as hundreds, and, some of them, thou¬ 
sands, of clerks who work in great government buildings at 
Washington. Almost all of these are appointed after they 
have passed the civil service examinations. The salary of 
each member of the Cabinet is twelve thousand dollars. 

The State Department. The Secretary of State is the lead¬ 
ing, and usually the most important, member of the Cabinet, 
and sits at the President’s right hand at the Cabinet meetings. 
He has charge of all our relations with foreign governments, 
makes treaties, and gives instructions to our Ambassadors, 
Foreign Ministers, and Consuls. He keeps the original copies 
of all laws and treaties, and makes them public. He has 
charge of the great seal of the United States, and with it seals 
all proclamations and many other papers signed by the 
President. 

There are three Assistant Secretaries of State, who assist the Secre¬ 
tary in his work. 

The Treasury Department. The Secretary of the Treasury 
manages the finances of the United States. He prepares for 
the approval of the President and Congress plans for raising 
revenue, sees that the taxes are collected and spent according 
to law. He also has charge of the building of Post Offices, 
custom houses, and other government buildings; of the coin¬ 
ing or printing of money, and of the life-saving and public 
health departments of the government. 

Assistant Secretaries and Other Treasury Officials. There are three 
Assistant Secretaries of the Treasury, who have direct oversight of vari- 


TIIE PRESIDENTS CABINET 


139 


ous parts of the work of this department. Other important officers of 
this department are: the Treasurer of the United States, who receives, 
has charge of, and pays out all public money; the Register of the Treas¬ 
ury, who signs and issues all the government bonds and whose signa¬ 
ture, as well as that of the Treasurer, is printed on all paper money; the 
Comptroller of the Currency, who has supervision of the National Banks 
all over the country; and the Commissioner of Internal Revenue, who 
has charge of the collection of all internal revenue taxes. The Treas- 
ury Department audits the accounts of all the other departments of tiie 
government. 

The War Department. The Secretary of War has charge 
of the army and of the forts and land defences of the United 
States. The War Department has charge of the improve¬ 
ments to rivers and harbors for the benefit of navigation, upon 
which large sums of money are spent every year. The govern¬ 
ment of the Philippines is also under the supervision of the 
War Department. The Secretary of War need not be, and 
generally is not, a soldier. 

Other Officials of the War Department. There is but one Assistant 
Secretary of War, but each branch of the service is in charge of an army 
officer of high rank. The General Staff is a committee of the ablest 
officers of the army, who recommend needed changes and improvements 
in the army and the defences of the country. The Lieutenant-general 
is now the Chief of Staff. 

The Department of Justice. The head of this department 
is the Attorney-general. He is the chief lawyer of the govern¬ 
ment. He has charge of all the government’s lawsuits, and 
advises the President and his fellow-members of the Cabinet 
on points of law that arise in their departments. 

Assistants in the Department of Justice. The chief assistant to the 
Attorney-general is the Solicitor-general, and there are several Assist¬ 
ant Attorneys-general. These are all skilful lawyers who, under the 
direction of the Attorney-general, conduct the government’s lawsuits 
that may come up in the United States or State Courts. 






140 


NATION AND STATE 


The Post Office Department. The Postmaster-general 

directs and manages the Post Office Department. He ap¬ 
points all the officers and employes of the department except 
the Assistant Postmasters-general, and all postmasters whose 
salaries are less than one thousand dollars per year. About 
half of the three hundred thousand employes in the civil 
service of the United States are in the Post Office Depart¬ 
ment. The Post Office Department costs about $150,000,000 
per year, its receipts being usually a few millions less than its 
cost. 

The Assistant Postmasters-general. There are four Assistant Post¬ 
masters-general. The First Assistant directs the business of the Post 
Offices, furnishes them with supplies, and determines the salaries of the 
postmasters. He also manages the dead-letter department and the 
money-order business. The Second Assistant Postmaster-general has 
charge of everything connected with the transportation of the mails, 
both in the United States and to foreign countries. About one-half of 
the cost of maintaining the postal service is paid for carrying the mails. 
The Third Assistant Postmaster-general has charge of the collection 
and paying out of money, supplying stamps and postal cards, and of 
registered mail matter. The Fourth Assistant Postmaster-general has 
charge of the appointment of postmasters and other postal employes 
and of the free delivery of mail in town and country. 

The Navy Department. The Secretary of the Navy has 
charge of the construction, equipment, and management of 
the Navy. He is not necessarily a naval officer, and rarely 
has been one. 

Assistant Secretary of the Navy. There is one Assistant Secretary in 
this department, who assists the Secretary generally in his work. The dif¬ 
ferent departments of the Navy are in charge of bureaus, or committees, 
of competent naval officers, but there is no General Staff, as in the army, 
to plan the policy of the navy. The Navy Department has at Wash¬ 
ington a large and well-equipped Naval Observatory for astronomical 
observations. 


THE PRESIDENTS CABINET 141 

The Department of the Interior. This department formerly 
seemed to have charge of the general welfare of the country 
in everything not provided for through the departments here¬ 
tofore described. The two subsequently created depart¬ 
ments have relieved it of many duties. But this department 
still has charge of patents, pensions for soldiers and sailors, 
public lands, education, Indian affairs, land reservations, and 
various other things. Next to the Post Office Department this 
department has the greatest number of clerks and other 
employes. 

Assistants in the Interior Department. There are two Assistant 
Secretaries of the Interior. The other principal officials are: the Com¬ 
missioner of Patents, who has charge of the Patent Office and the grant¬ 
ing of patents; the Commissioner of Pensions, who has charge of the 
granting of pensions amounting to about $150,000,000 per year, mostly 
to the old soldiers of the Civil War; the Commissioner of Education, who 
collects statistics and diffuses information concerning education; the 
Commissioner of the General Land Office, who has charge of the man¬ 
agement and disposal of the public lands; the Commissioner of Indian 
Affairs, who has charge of the lands, moneys, schools, and general wel¬ 
fare of the Indian tribes; and the Director of the Geological Survey, 
who has charge of the scientific surveys of the United States and of the 
government’s irrigation operations. 

The Department of Agriculture. The Secretary of Agricul¬ 
ture has charge of the government’s assistance to agriculture. 
He directs agricultural experiment stations, and investigates 
and stamps out diseases of domestic animals and of plants, 
and he gathers and sends out information about the growing 
crops. The Weather Bureau belongs to this department 
The Department of Agriculture has proved to be a very valu¬ 
able and important one. It has introduced new and useful 
varieties of plants and has greatly helped the farming inter¬ 
ests. 


142 


NATION AND STATE 


Assistants in the Agricultural Department. There is one Assistant 
Secretary of Agriculture, who aids the Secretary. A Chief of the Weather 
Bureau directs the forecasts and reports of the weather for the news¬ 
papers, weather maps and signals. Scientific experts have charge of 
the various bureaus which carry on the work of this department. 

The Department of Commerce and Labor. This is the last 

department to be added to the Cabinet, having been estab¬ 
lished in 1903. The Secretary of Commerce and Labor is 
expected to promote the interests of American commerce, 
manufactures, mining, fisheries, and labor. The work of the 
census and of the coast survey as well as the regulation of 
immigration belong to this department. 

Assistants in the Department of Commerce and Labor. There is one 
Assistant Secretary in this Department. The various important duties 
of this department are divided among the different Bureaus, each with 
an expert at its head. 

The Bureau of Corporations. The most important Bureau in the De¬ 
partment of Commerce and Labor is the Bureau of Corporations. This 
Bureau investigates corporations engaged in interstate or foreign com¬ 
merce;. except the railroads and steamships thus engaged, which are 
under the supervision of the Interstate Commerce Commission. This 
Bureau of Corporations has attracted much attention by its efforts to 
deal with the great problem of trusts. 

THE INTERSTATE COMMERCE COMMISSION. 

Article I., Section VIII., Clause 3, of the Constitu¬ 
tion provides that Congress shall have power to regulate com¬ 
merce among the several States. Congress made no use of this 
power for a hundred years after the Constitution was made. 
But in 1887 Congress created the Interstate Commerce Com¬ 
mission, seven men appointed by the President for terms of 
seven years, at salaries of $10,000 per year. The Commission 
decides questions arising under the Interstate Commerce laws, 
investigates violations of these laws, and brings cases of such 


THE PRESIDENT'S CABINET 


143 


violation before the United States Courts. The principal 
railroad regulations so far made by Congress are: (1) that 
passenger and freight rates shall not be excessive and shall be 
the same for all; (2) that the charge for a part of a distance 
shall never be greater than for the whole distance; (3) that 
the railroads shall not pool their earnings, that is, shall not 
bargain to divide up their earnings or their business; (4) that 
locomotives and cars should all have air brakes and auto¬ 
matic couplers. These requirements and the jurisdiction of 
the Interstate Commerce Commissioners apply only to rail¬ 
roads and ships going from one State to another or to foreign 
countries, for the Constitution gives Congress no authority 
over commerce within a State. 

Act of 1906. In 1906 Congress amended the Interstate Commerce 
Law, and made express companies and petroleum pipe-lines subject to 
the law; forbade free passes on railroads and steamboats, except to 
their employees and families, and for some charitable and business 
purposes; prevented railroads from owning mines and manufacturing 
plants, except for their own supplies; and gave the Interstate Com¬ 
merce Commission power to reduce passenger and freight rates which 
it believes are excessive. This law, giving the Government control of 
the rates charged by railroads when they cross State lines, is one of 
the most important ever passed by Congress. 

THE CIVIL SERVICE COMMISSION. 

The President appoints three Civil Service Commissioners, 
at salaries of $3500 each, to aid him in carrying out the Civil 
Service laws of the United States. Only two of these may 
belong to the same political party. They manage the civil 
service examinations, supervise the appointments to vacancies 
from the candidates passing the best examinations, and investi¬ 
gate and report to the President any violation of the Civil 

Service law. 

10 


CHAPTER XIV. 


THE JUDICIAL DEPARTMENT. 

The Third Department of Government. The Judicial Depart¬ 
ment, the third great department of government, interprets 
and applies the laws. No part of the Constitution was more 
wisely planned and none has worked better in practice than 
that which organized and guides its courts, and they have 
been a most important factor in the success of our govern¬ 
ment It is important to remember that the courts here 
described are not the courts which meet in the county Court 
Houses; those are the State courts. 

Article III. Section I. The judicial power of the 
United States shall he vested in one Supreme Court, and in 
such inferior courts as the Congress maij from time to time 
ordain and establish. The judges, both of the Supreme and 
inferior courts, shall hold, their offices during good behavior, and 
shall, at stated times, receive for their services, a compensation 
which shall not be diminished during their continuance in office. 

The Different United States Courts. In addition to the 
Supreme Court, Congress has, by authority of this clause, 
established three kinds of inferior courts for the whole 
country as well as several special or local courts. 

The four kinds of United States Courts which have to do 
with the whole country are: 

The District Courts, 

The Circuit Courts, 

The Circuit Court of Appeals, 

The Supreme Court. 

(144) 



STATES SUPREME COURT ROOM 









































THE JUDICIAL DEPARTMENT 145 

The District Courts. At its first session Congress established 
one inferior court for each State, which was called a District 
Court. And for each new State admitted to the Union a Dis¬ 
trict Court was established. As their population and business 
increased, it became necessary to divide some of the larger 
States into two or more districts, so that now most of the 
larger States are divided into two or three districts. Each 
district has its judge. 1 

The District Court has jurisdiction in all crimes against 
the United States except those punishable by death. It has 
jurisdiction of all suits brought by or against the United 
States, suits respecting ships and their cargoes and commerce 
by water, and bankruptcy cases. District Courts have juries 
and are conducted much like the State courts. 

Other Officers of the District Court. A district attorney for each 
district is appointed by the President. He is necessarily a lawyer. He 
prosecutes the crimes against the United States which occur in his dis¬ 
trict, and represents the government in all suits brought by or against 
it. A marshal is also appointed by the President for each district. He 
arrests violators of the United States laws in his district, has charge of 
prisoners while they are being tried, and executes the orders of the judge. 
He corresponds to the sheriff of a county. The clerk of the court keeps 
a record of its proceedings. He is appointed by the district judge. 

United States Commissioners. Each district judge appoints United 
States Commissioners in various parts of his district, who are commit¬ 
ting magistrates for the United States Court. Persons arrested for 
crimes against the United States are first brought before them. If the 
evidence against the prisoners warrants holding them for court, the com- 
' missioner sends them to jail, or admits them to bail, until they can be tried. 

The Circuit Courts. Besides the District Courts Congress has 
established another kind of inferior courts, called Circuit 

1 New York has four districts. In a few cases one judge has two dis¬ 
tricts, and a few districts have two judges each. 




146 


NATION AND STATE 


Courts. The District Courts are divided into nine groups, 
called circuits, each circuit being made up of four or more of 
the District Courts. In each circuit there are from two to four 
circuit judges who travel through the circuit, and, together 
with the district judges, hold Circuit Courts in the various 
districts. 

All crimes against the United States which are punishable 
by death are tried in the Circuit Courts, and the Circuit Courts 
may also try the lesser crimes against the United States, but 
these are generally tried in the District Courts. All patent 
and copyright cases are also tried in the Circuit Courts. 
But the chief business of the Circuit Courts is hearing the 
private civil suits which can be tried in the United States 
Courts, such as those between citizens of different States. 
Such suits must involve two thousand dollars or more to be 
heard in the United States Courts. The Circuit Courts have 
juries and hear witnesses like our county courts. 

The district attorney and marshal of the District Court also act as 
district attorney and marshal of the Circuit Court held in their dis¬ 
trict. But the Circuit Court appoints a clerk in the district to keep its 
records. 

The Circuit Court of Appeals. Formerly so many cases were 
appealed from the District and Circuit Courts to the Supreme 
Court that it was always several years behind with its work. 
To relieve the Supreme Court, Congress in 1891 established 
the Circuit Court of Appeals. In each circuit two or more 
of the circuit and district judges, sitting together, hold 
such a court. This court hears and finally decides most of 
the cases which are appealed from the District and Circuit 
Courts. 

Congress has provided that a few kinds of civil cases—for example, 
cases that involve the meaning of the Constitution or the constitution- 


THE JUDICIAL DEPARTMENT 


147 


q* y cl* lo#w , cind criminal cases which involve the penalty of death 
[ may be appealed directly from the District or Circuit Courts to the 
•I Supreme Court. But in all other criminal cases and in most civil 
E cases appeals from the lower courts must be taken to the Circuit 
Court of Appeals. Some of these civil cases may again be appealed 
from the Circuit Court of Appeals to the Supreme Court, but the others 
and all the criminal cases are finally decided by the Circuit Court of 
Appeals, unless the Supreme Court should give special permission to 
1 bring them before it. 

The Supreme Court. The Supreme Court of the United 
States is composed of nine justices. They hold court only 
in Washington, and their court-room is the old Senate chamber 
of the Capitol. Their work is almost entirely confined to 
deciding points of law in connection with important civil 
v cases which are appealed to them from the lower courts. 
I They have no juries, and, as a rule, hear no witnesses. The 
lawyers on either side argue the case, which is then decided 
by a majority of the justices. 

A decision of the Supreme Court is final and must be 
obeyed. Should it decide that a law passed by Congress is 
unconstitutional, that law is null and void and cannot be 
enforced, no matter how anxious the President, Congress, or 
the people may be to have it enforced. No other court in the 
world has such great power, and this power has rarely been 
used unwisely. 

Each justice of the Supreme Court is assigned to one of the circuits, 
and at least once in two years he must attend court in his circuit. On 
these visits he may, and generally does, act as a judge in either of the 
courts in the Circuit. The number of circuits was made nine, to be 
equal to the number of Supreme Court justices. 

The Special United States Courts. In addition to the general United 
States Courts, Congress has established courts for special purposes as 
follows: 

The Court of Claims consists of five judges, who hold court in Wash- 




148 


NATION AND STATE 


ington and examine claims against the United States. Claims which it 
finds to be just are reported to Congress, which appropriates money to 
pay them. 

The Circuit and District Courts also now have concurrent jurisdiction 
with the Court of Claims in claims against the United States; the District 
Court having jurisdiction of claims which do not exceed $1000, and the 
Circuit Court of those above that amount and not exceeding $10,000. 
Cases of this kind are heard by the court without a jury. 

Courts of the District of Columbia try the cases which arise in the 
District, and Territorial courts try cases in the Territories. 

United States Judges Appointed for Life. All judges of the 
United States Courts are appointed by the President and con¬ 
firmed by the Senate. The Constitution says they shall hold 
their offices during good behavior, which is practically 
appointment for life. They can only be removed through 
impeachment, and are the only officers appointed by the Presi¬ 
dent whom he cannot remove. But a law has been passed 
which allows them to resign at the age of seventy and receive 
full pay for the rest of their lives, provided they have held 
their judgeships for ten years. 

The judges of the District of Columbia and of the Territories are not 
considered United States judges, and are not appointed for life, but for 
four-year terms, and may be removed by the President. 

It is generally held by students of government that abler and more 
unbiased judges are secured by executive appointment than by election. 
But almost all of the State judges are now elected by the people and for 
certain terms of years instead of for life. 

Salaries of the Judges. Judges must be paid, and their pay 
cannot be decreased while in office. But their pay may be 
increased, and this has been done repeatedly. As the judges 
are appointed for life they are liable to serve many years, 
during which time the expenses of living and salaries gen¬ 
erally might so increase as to make their orginal salaries 


THE JUDICIAL DEPARTMENT 149 

entirely inadequate. Several United States judges have 
served more than thirty years. 

The Chief Justice of the Supreme Court gets SI3,000 per 
year, the other Supreme Court justices $12,500 each. The 
circuit judges get $7000, and the district judges $6000. 

Their life appointments and the permanence of their salaries are very 
important factors in securing able and independent judges. While their 
pay is not large for the kind of men who should be and are appointed, yet 
the permanence of these positions and the honor attached to them make 
even the ablest lawyers generally willing to accept them. 

Section II. Clause 1 . The judicial 'power shall extend 
to all cases in law and equity arising under this Constitution, 
the laws of the United States, and treaties made, or which 
jhall be made, under their authority; to all cases affecting 
ambassadors, other public ministers, and consuls; to all cases 
of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies 
between two or more States, between a State and citizens of 
another State, between citizens of different States, between 
citizens of the same State claiming landi under grants of 
different States, and between a State, or the citizens thereof, 
and foreign States, citizens, or subjects. 

What Cases Belong to the United States Courts. This clause 
tells what kind of cases may be tried in the United States 
Courts. All the kinds of cases not mentioned here are tried 
in the State courts. 

Cases Arising under the Constitution and Laws of the United 
States and under Treaties. It is evident that the United States 
should have the right to try cases under the Constitution or 
the laws of the United States, just as the courts of any State 
should try the cases coming under the constitution or laws 
of their State. 




150 


NATION AND STATE 


Necessarily all cases concerning treaties belong to the 
United States Courts, for all treaties are made by the United 
States, the States having no right to make treaties with 
foreign nations or even with each other. 

* In some of our States there are two kinds of courts, courts of law and 
courts of equity. Courts of equity may relieve men of hard bargains, 
correct mistakes in contracts, and otherwise secure justice in cases for 
which there happens to be no law. But every United States Court is a 
court both of law and equity, and deals with both kinds of cases. This 
is also true of the State courts in most of the States. 

Cases Affecting Ambassadors, etc. Ambassadors and min¬ 
isters are the representatives of foreign nations, and consuls 
are business agents of foreign countries. Foreign nations 
have no dealings with our individual States; hence any case 
affecting their representatives here should not be taken to 
State courts, but to the United States Courts. 

Cases of Admiralty and Maritime Jurisdiction. Admiralty 
and maritime cases are cases concerning shipping and com¬ 
merce by water. As the Constitution gives Congress the 
control of foreign commerce as well as of commerce among 
the States, these cases properly belong to the United States 
Courts and not to the State courts. All crimes committed on 
ships or steamboats and all civil suits concerning ships and 
their cargoes are tried in the United States Courts. 

Controversies to which the United States Shall be a Party. 
Certainly if the United States is one party to a suit, the suit 
must be tried in a United States Court and not in any State 
court. 

Nations cannot be sued except by their own consent. Congress has 
established a Court of Claims at Washington to decide as to the justice 
of claims against the United States, but the court cannot enforce its 
decisions, and unless Congress sees fit to pay the claims thus found 


THE JUDICIAL DEPARTMENT 


151 


against it they are never paid. There is no way to compel a nation to 
pay its debts or to keep its promises, except by war or the threat of war 
by a stronger nation. 

Controversies between Two or More States. In a controversy 
between two States, it is evident that neither State would be 
willing to let the controversy be decided by the courts of the 
other State. Naturally the courts of the United States should 
decide such controversies. 

Controversies between a State and the Citizens of Another 

State. Here, too, the courts of either State might be biased, 
and the United States Courts are the proper courts for all 
such cases. 

When the Constitution was adopted the States evidently expected that 
this clause would only allow a State to bring suit against an individual. 
But soon after the adoption of the Constitution, a citizen of North Caro¬ 
lina brought suit against the State of Georgia in the Supreme Court of 
the United States, and the Supreme Court decided that this clause gave 
him the right to do so. It was generally felt that while the States might 
be sued by each other, they ought to be enough like independent nations 
not to be sued bv individuals without their own consent; and the Consti- 
tution was amended so as to prohibit such suits in the future. Now, if 
anyone has a claim against a State he vmst bring his suit in the courts 
of that State, and if the State court decides in his favor he gets his money, 
provided the State Legislature votes to pay it. But a State would rarely 
refuse to pay a claim which its own courts had decided to be just. 

Controversies between Citizens of Different States. Here, 
again, the State court might be biased, and a person bringing 
such a suit should have the right to bring it in the United 

States Court, which is independent of both States. 

■ 

Controversies between Citizens of the Same State Claiming 
Lands under Grants of Different States. About the time the 
Constitution was made there was much controversy among 
the States about their boundaries and the ownership of the 
western lands. And it frequently happened that two citizens 






152 


NATION AND STATE 


of a State claimed the same piece of land, one having bought 
it, perhaps, from his own State, and the other from some 
other State. The United States Courts would be more likely 
to decide such cases fairly than the courts of either State. 

Controversies Between a State, or the Citizens thereof, and 
Foreign States, Citizens, or Subjects. For the same reason 
these suits belong to the United States Courts rather than the 
State courts. 

The Eleventh Amendment to the Constitution forbids a foreign citizen 
to bring suit in the United States Court against one of the States, but a 
foreign nation can do this. And neither a State nor a citizen of theUnited 
States can bring suit against a foreign nation, unless that nation has 
made provision for such suits in its own courts, and its decisions can only 
be enforced by that nation’s consent. 

Concurrent Authority of National and State Courts. While all of the 
above kinds of cases may be brought before the United States Courts, 

some of them may be tried in the State courts, if the party bringing the 
suit prefers it. When a citizen of one State has a claim against a citizen 
of another, he frequently brings the suit in a court of the State where the 
person against whom the suit is brought lives, and if the amount of the 
claim is less than two thousand dollars the suit must be brought in the 
State court. Suits in the State courts which might have been taken to 
the United States Courts, are often taken to them for final decision. 

Section II. Clause 2. hi all cases affecting ambassa¬ 
dors, other 'public ministers and consuls, and those in which 
a State shall be a party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the Congress 
shall make. 

Original and Appellate Jurisdiction. Jurisdiction is the 
right to hear and decide a case. Original jurisdiction is first 
jurisdiction. The court which has by law original jurisdiction 
in a case first hears the case. But it often happens that one 



THE JUDICIAL DEPARTMENT 


153 


party or the other is dissatisfied with the result of the first 
trial, and appeals to a higher court to grant him a new trial, 
or to correct errors of the first court. Appellate jurisdiction 
is the right of court to hear and decide upon a case which has 
been appealed to it from another court. 

Original Jurisdiction of the Supreme Court. No cases can 
begin in the Supreme Court except those affecting ambassa¬ 
dors, public ministers, and consuls, and suits brought by or 
against a State. Ambassadors, ministers, and consuls repre¬ 
sent the nations which send them, and it seems proper that 
their cases be heard in our highest court. But such cases are 
very rare. States, too, are so important that their suits 
should be heard only in the highest and ablest court. Such 
State cases are unusual. 

Appellate Jurisdiction of the Supreme Court. With these 
rare exceptions, the Supreme Court hears only cases appealed 
to it from the lower courts. And, as has already been shown, 
the Circuit Court of Appeals prevents the less important civil 
cases and all criminal cases except those punishable by death 
from being heard by the Supreme Court even on appeal, unless 
the Supreme Court itself wishes to consider them. Its time 
is chiefly taken up with hearing argument and deciding 
important civil cases appealed to it from the lower courts. 

Section II. Clause 3. The trial of all crimes, except 
in cases of impeachment, shall be by fury’, and such trial shall 
be held in the State where the said crimes shall have been com¬ 
mitted’ but when not committed within any State, the trial 
shall be at such place or places as the Congress may by law have 
directed. 

Jury. A jury is made up of twelve men, impartially chosen 
to hear the evidence for and against the person accused of 




154 


NATION AND STATE 


crime. He can be convicted only by the unanimous consent 
of the twelve jurymen. 

Suitable persons to serve on the juries of a United States Court are 
selected from all parts of the district by the clerk of the court and a jury 
commissioner appointed by the judge. From these a sufficient number 
is chosen by lot and summoned to attend the sessions of the court. From 
them the clerk selects by lot twelve for each case. 

Where the Trial is Held. A person charged with crime must 
be tried in the District or Circuit Court of the State where the 
crime was committed. And if there are two or more District 
Courts in the State, he must be tried in the court of the dis-- 
trict where the crime was committed. Without this provision 
men might be taken far away from neighbors and friends, 
and even among their enemies, to be tried; and both they 
and their witnesses would be put to great inconvenience and 
expense. 

When the crime was not committed in any of the States, 
Congress decides where it shall be tried. There are courts 
in the Territories and foreign possessions to try the crimes 
committed there. Crimes committed at sea are tried in the 
District Court having jurisdiction over the port which the 
ship enters. 

Only United States Courts Referred To. This clause refers 
only to United States Courts, and does not refer to the State 
courts. The Constitution of the United States does not 
require that in the State courts all crimes shall be tried by 
juries, or that they shall be tried in the judicial districts where 
they were committed. The constitution of each State settles 
this for itself. But in every State the rights of persons charged 
with crimes are safeguarded in practically the same way. 

Section III. Clause 1 . Treason against the United 
States shall consist only m levying war against them , or in 



THE JUDICIAL DEPARTMENT 


155 


adhering to their enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open 
court. 

Treason in the United States. Treason is considered the 
worst of all crimes, because it aims to destroy the government 
itself. But it was once common to call various crimes treason, 
so as to secure the most severe punishment for them, and 
sometimes really to get rid of brave and upright men who 
were opposing the tyranny of a king or his minister. The 
makers of the Constitution defined treason in the Consti¬ 
tution itself, so that Congress could not in some time of public 
excitement change it. To be guilty of treason a citizen must 
actually take part in a war against the United States, or must 
give aid and comfort to those who are making war against 
them. Giving or selling provisions or war materials to the 
enemy would be treason. 

Conviction of Treason. The makers of the Constitution were 
so afraid that men would be unjustly convicted of treason 
that no one can be convicted of it unless two witnesses testify 
in court to the same open or public act of treason, or unless 
he admits his guilt in a public session of court. This prevents 
his conviction through private confession, which might be 
brought about by threats or even by torture. 

Section III. Clause 2. The Congress shall have power 
to declare the punishment of treason, but no attainder of treason 
shall icork corruption of blood, or forfeiture, except during the 
life of the person attainted. 

The Punishment for Treason. Congress has power to fix 
the punishment of treason, but if it should declare a traitor 
attainted and his blood corrupted (which would forfeit all 


156 


NATION AND STATE 


his property to the government) this cannot continue after 
his death arid thus prevent his widow and children from 
inheriting property which might afterward come to them 
from his relatives. 

The laws passed by Congress fix death by hanging as the 
punishment for treason, but the judge has power to inflict a 
heavy fine and long imprisonment instead of death. 

Congress has no right to pass a bill of attainder, that is, by its own 
vote to attaint any man, but it has the right to pass a law authorizing a 
judge to inflict a sentence of attainder, after a man has been tried and 
convicted in court. But Congress has never passed a law authorizing 
such punishment. 

According to the old English law, which the courts of Great Britain 
still had the right to enforce when the Constitution of the United States 
was made, a traitor was hanged, but cut down before he was dead, his 
bowels were taken out while he was still alive and were burnt before his 
eyes. His head was then cut off and his body divided into quarters. All 
his property was confiscated, and, as his blood was attainted, his widow 
and children could never inherit property which ought afterward to 
come to them through their relationship to him. 

The Common Law. A large part of the laws in the United 
States were never passed either by Congress or by the State 
Legislatures, but are the common law. The common law 
is a large body of laws, both criminal and civil, which was 
established by the decision of English judges hundreds of 
years ago. In the early history of England, cases frequently 
came into the courts for which no laws had been made; so the 
judges were obliged to decide them according to the prin¬ 
ciples of justice and the customs of the country. When these 
decisions were evidently just, other judges would follow them 
in deciding similar cases, and there grew up in this way a 
great body of laws which became the foundation of English 
law. As these laws were universally in force in the iVmerican 




THE JUDICIAL DEPARTMENT 


157 


colonies before the Revolutionary War, and the courts and 
the people were familiar with them, they were naturally 
retained, and now form the basis 1 of our national laws, and of 
the State laws everywhere except in Louisiana. In many 
points, however, laws of Congress and of the State Legisla¬ 
tures have suspended the common law. Louisiana was 
bought from France, and the Code Napoleon, or general law 
of France, in force in Louisiana when it was bought, is still 
the basis of the laws of that State, as the English common 
law is elsewhere. 

There are however, no common-law crimes against the United States. 
Crimes prosecuted in the United States Courts are only those provided 
for by some act of Congress. 

1 Blackstone’s Commentaries, which is usually the first text-book read 
by a law student, is a treatise on the common law, written by Sir William 
Blackstone, a celebrated English judge, who died in 1780. 







CHAPTER XV. 




THE STATES UNDER THE CONSTITUTION. 

Article IV. Section I. Full faith and credit shall he 
given in each State to the 'public acts, records, a?id judicial pro¬ 
ceedings of every other State. And the Congress may by gen¬ 
eral laws prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 

Public Acts, Records, and Judicial Proceedings. Public acts 
of a State are laws made by its Legislature and Governor. 

Records of a State are the records of the official acts of its 
Governor and other officers, as well as the deeds, wills, and 
other documents recorded in the court-houses in the State. 

Judicial proceedings of a State are the acts of the State 
courts. 

Such an act, record, or judicial proceeding, where legally 
done in one State, cannot afterward be undone in any other 
State. 

If a divorce is legally granted in a State to one of its citizens, a judge 
in another State cannot set the divorce aside for the reason that his 
State has no such divorce law. Or if the deed to a farm is properly 
recorded in the State in which the farm lies, a court in any other State 
must accept the validity of the record. 

Proving such Acts, Records, and Proceedings. But such acts, records, 
and judicial proceedings must be proved before full faith and credit are 
given them in other States. Congress has provided that the laws of a 
State may be certified by the State’s seal, and acts of a court may be 
proved by the seal of the court and by the signature of the judge and the 
clerk of the court. 

( 158 ) 


THE STATES UNDER THE CONSTITUTION 159 


Section II. Clause 1 . The citizens of each State shall 
be entitled to all 'privileges and immunities of citizens in the 
several States. 

Discrimination against Citizens of Other States. No State 
is allowed to favor its own citizens over the citizens of other 
States. If it did this, the other States would retaliate, and 
dangerous contentions would result. If a citizen of one State 
goes to another State he is entitled to the same privileges as the 
citizen of that State. And he is also obliged to obey the laws 
of the State where he happens to be, whether they are the 
same as those of his own State or not. 

The ordinary laws of the different States are so nearly alike that this 
rarely makes any difference within the United States. But the laws in 
foreign countries are sometimes very different from ours, and Americans 
travelling there are liable to get into trouble if they forget that a person is 
always expected to know and obey the laws of the country where he is. 

Section II. Clause 2. A person charged in any State 
with treason, felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand of the execu¬ 
tive authority of the State from which he fed, be delivered up 
to be removed to the State having jurisdiction of the crime. 

The Governor’s Requisition. A State’s officers cannot arrest 
anyone outside of their State. If a criminal escapes to another 
State, the officers of the county where the crime was com¬ 
mitted lay the facts before the Governor of their State. He 
makes a demand, or requisition as it is called, upon the Gov¬ 
ernor of the State to which the criminal has fled, to send him 
back for trial, which is done. Such a fugitive may be arrested 
in the State to which he fled and be detained there until the 
Governor’s requisition comes, but he cannot be compelled to 
return until the requisition comes and is accepted by the 

Governor of the State where he is under arrest, 

u 


160 


NATION AND STATE 


Extradition. When a criminal escapes to a foreign country 
the process of securing his return is called extradition. The 
United States has treaties with foreign countries in which we 
agree to give up their criminals who have fled to this country 
and they agree to give up ours. Such criminals are arrested 
and held until authority comes to give them up. The extradi¬ 
tion of these criminals is secured through the Secretary of 
State, at Washington, since no one of the States can have any 
dealings with a foreign country. 

Section II. Clause 3. No 'person held to service or 
labor in one State, under the laws thereof, escaping into another , 
shall, in consequence of any law or regulation therein, be dis¬ 
charged from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be due. 

Runaway Slaves. This clause was a part of the third com¬ 
promise of the Constitution. A person held to service or labor 
could be either an apprentice or a slave, but here a slave was 
especially meant. Its purpose was to secure the return to their 
owners of slaves who might escape to other States. The aboli¬ 
tion of slavery and the abandonment of apprenticeships have 
made this clause now useless. 

In order to carry out this provision of the Constitution more effectually 
Congress passed the Fugitive Slave Law in 1850. This law required 
any citizen to assist in catching and returning runaway slaves, if called 
upon to do so, and imposed severe penalties for aiding such runaways. It 
aroused great indignation in the North and was one of the causes which 
brought on the Civil War. 

Section III. Clause 1 . New States may be admitted by 
the Congress into this Union; but no new State shall be formed 
or erected within the jurisdiction of any other State, nor any 
State be formed by the junction of two or more States, or 


THE STATES UNDER THE CONSTITUTION 161 

parts of States , without the consent of the Legislatures of the 
States concerned as well as of the Congress . 

Admitting New States. The admission of new States is 
entirely in the hands of Congress. A Territory is not required 
to reach a certain population before it becomes a State. 
Although a considerable population and general intelligence 
are supposed to fit a Territory for Statehood, yet the probable 
politics of the additional Senators and Representatives that 
they would bring into Congress have in the past had most 
influence for or against the admission of new States. 

Nevada was admittted in 1864 with a population of some sixty thou¬ 
sand, and Wyoming in 1890 with about the same population. But 
Oklahoma with a population of more than four hundred thousand was 
refused admission in 1903. 

The Division of States. No State can be divided into two or 
more States without the consent of its Legislature and of 
Congress. And two States cannot be joined into one, nor a 
piece be taken from one State and added to another, without 
the consent of the Legislatures of both States as well as of 
Congress. State pride is everywhere so great as to make such 
changes rare. 

The only important application of this clause has been the separation 
of W 7 est Virginia from Virginia during the Civil War. After Virginia 
seceded in 1861, the western counties of the State, which adhered to the 
North, formed a separate State, and elected a Legislature which claimed 
to be the Legislature of the whole State. When this Legislature voted for 
the division Congress admitted West Virginia as a new State. After 
the war closed the legislature of Virginia consented to the division. 

Texas was admitted in 1845, with a provision that it might be divided 
into five States if its people should desire it, but there is no evidence that 
such a division is likely to be made. 

The map of Pennsylvania shows a point of land projecting south from 
the State between Delaware and Maryland. This little triangle, which is 
three and a half miles long and covers about eight hundred acres, is 


162 


NATION AND STATE 


legally a part of Pennsylvania, but its inhabitants have always voted and 
paid taxes in Delaware. In 1893 a joint commission, appointed by Penn¬ 
sylvania and Delaware to locate the boundary between the two States, 
decided to put this land into Delaware. But as the Legislatures of both 
States have not yet consented, it is still legally in Pennsylvania, though 
practically in Delaware. 

Section III. Clause 2. The Congress shall have power 
to dispose of and make all needful rules and regulations respect¬ 
ing the territory or other property belonging to the United States; 
and nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States or of any particular 
State. 

The Government of the Territories. Congress fixes the form 
of government in the Territories, but all the organized or 
regular Territories have governments something like the 
State governments. A Territory elects its own Legislature, 
which makes laws for the Territory, just as a State Legis¬ 
lature makes laws for its State. But a State Legislature 
makes laws under the authority of and subject to its own 
constitution, while a Territorial Legislature can only make 
such laws as are authorized by Congress. The Governor, 
judges, and other important officials of the Territory are 
appointed by the President. Each Territory elects a delegate 
to Congress, who has a seat in the House of Representatives 
and may introduce bills and speak there, but has no vote. 

The organized Territories now governed in this way are 
Hawaii, Arizona, and New Mexico. 

Unorganized Territories. Parts of the United States believed to be 
not yet ready for territorial government may be made into unorgan¬ 
ized Territories. Congress makes all the laws for their government, 
and the President appoints all their officers. Since the absorption of 
Indian Territory into Oklahoma, in 1907, Alaska has been the only 
unorganized Territory. 


THE STATES UNDER THE CONSTITUTION 163 


Our Spanish Possessions. Porto Rico and the Philippines 
have governments resembling those of the organized Terri¬ 
tories. Their Governors and other important Territorial 
officers are appointed by the President. Each has a Legis¬ 
lature composed of two branches, the upper one being 
appointed by the President, the lower one elected by the 
people. Congress, of course, has power to annul any unsatis¬ 
factory laws that these Legislatures may make. The Philip¬ 
pines elect two commissioners and Porto Rico one, who 
represent their people at Washington, but do not have seats 
in Congress, as the Territorial delegates have. 

The Sulu Islands are governed by military officers, and the island of 
Guam by naval officers, under the direction of the President. 

Our Samoan Islands also have a military government. 

The Western Territory. The provision that nothing in this Consti¬ 
tution shall he so construed as to 'prejudice any claims of the United States 
or of any particular State refers to the conflicting claims to the unoccupied 
western lands which were not settled when the Constitution was made. 
Massachusetts, Connecticut, New York, Virginia, and South Carolina 
had ceded their western lands to the United States in response to the 
demand of the States which had no western lands, but North Carolina 
and Georgia had not yet done this. But they did so after the Constitu¬ 
tion was adopted; so the western territory which the treaty with England 
gave to the United States became the property of all the States, instead 
of being divided among a part of them only. 

The Public Lands. The public lands which were ceded to 
the United States by various States after the Revolutionary 
War and those since obtained by treaty or conquest have 
been at the disposal of Congress. Most of this land has been 
given to the new States and Territories for schools or other 
public uses, or to railroads to encourage their construction, 
or has been given or sold to settlers: but large tracts are still 
held for settlement, or included in the reservations for public 
parks or for the use of Indian tribes. 



164 


NATION AND STATE 


The ordinary price at which the government sells its wild land is $1.25 
per acre, but not more than one hundred and sixty acres can be bought 
by one person. Under the Homestead law any citizen of the United 
States over twenty-one years of age, without paying anything for it, can 
get one hundred and sixty acres of the land that is open to settlement, by 
living on it and cultivating it for five years. But most of the government 
land that can now be bought or homesteaded is either barren or so dry 
as to be almost worthless without irrigation. 

Section IV. The United States shall guarantee to every 
State in this Union a republican form of government, and shall 
protect each of them against invasion, and on application of the 
Legislature, or of the executive (when the Legislature cannot 
be convened), against domestic violence. 

The State Governments. The Constitution itself determines 
that the United States must be a republic, and this clause 
provides that the States must all be republics also. If a 
monarchy should ever be established in any State, the United 
States authorities are bound to destroy it and re-establish 
there a republican form of government. 

Protection from Invasion. It is the business of the United 
States to defend any State from invasion or attack by a foreign 
enemy. A State is allowed, in case of invasion or imminent 
danger, to try to defend itself; but as no State can have an 
army or a navy in time of peace, it alone cannot be expected 
to defend itself if invaded. 

Protection against Insurrection. Each State has the right to 
enforce its own laws, and usually does so. But occasionally 
an insurrection is so serious that the State authorities are 
unable to subdue it. In such a case the State Legislature may 
call upon the President for aid, or if the Legislature is not in 
session and cannot be got together promptly enough, the 
Governor may do it. The President then sends United States 
troops to put down the insurrection. 


THE STATES UNDER THE CONSTITUTION 165 


In 1894 there were serious railroad riots in Chicago; the city and 
State authorities did not succeed in suppressing them and Governor 
Altgeld would not call upon the President for aid. But President Cleve¬ 
land sent the troops without being asked to do so either by the Legislature 
or the Governor, and they quelled the riots. Governor Altgeld claimed 
that the President had no right to interfere without a request from him 
or the Legislature. The President maintained that he had a right to send 
the troops because the mails were interfered with, because the orders of 
the United States Courts could not be enforced, and because interstate 
commerce was obstructed. The Supreme Court afterward decided 
that the President was right. 




CHAPTER XVI. 


AMENDING THE CONSTITUTION. 

Article V. The Congress, whenever two-thirds of both 
Houses shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the Legislatures of 
two-thirds of the several States, shall call a convention for pro¬ 
posing amendments, which in either case shall be valid to all 
intents and purposes as part of this Constitution, when ratified 
by the Legislatures of three-fourths of the several States, or by 
conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress. Pro¬ 
vided that no amendment which may be made prior to the year 
one thousand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section of the first 
article; and that no State without its consent shall be deprived 
of its equal suffrage in the Senate. 

Proposing an Amendment. Two steps are necessary in 
amending the Constitution. The amendment must be first 
proposed and then ratified. An amendment may be proposed 
by a two-thirds vote of each House of Congress. This is the 
ordinary way, and the way that all the amendments so far 
have been proposed. But if two-thirds of either House are 
unwilling to propose some amendment which the people want, 
the Legislatures of two-thirds of the States can, by requesting 
it, compel Congress to call a national convention, and thh» 
convention may propose the amendment. 

( 166 ) 



AMENDING THE CONSTITUTION 


167 


The Legislatures of two-thirds of the States have never yet united 
in a request for a convention to propose amendments to the Constitution. 
If such a convention should ever be called, Congress would provide how 
its members should be selected. There has been for several years a wide¬ 
spread desire to so amend the Constitution as to have the Senators 
elected by a popular vote. Two-thirds of the House of Representatives 
have several times voted to propose such an amendment, but the Senate 
has always refused to do so. The Legislatures of a number of the States 
have voted to request Congress to call a convention to propose it, but so 
far two-thirds of the State Legislatures have not joined in this request. 

Ratifying an Amendment. After an amendment has been 
proposed it must be ratified. And this may be done in either 
of two ways. If in three-fourths of the States majorities in 
both branches of the Legislature vote to ratify an amendment, 
it is adopted and becomes a part of the Constitution. And 
this is the way in which all of the amendments have so far 
been ratified. But instead of sending a proposed amendment 
to the State Legislatures for ratification Congress may direct 
that a convention shall be called in each State, to consider the 
amendment, and if three-fourths of these State conventions 
vote to ratify it the amendment is adopted. 

Parts of the Constitution Once Unamendable. The Constitution says 
that no amendment which may he made prior to the year 180S shall in any 
manner affect the first and fourth clauses in the ninth section of the first 
article. The first clause in this section is the one which allowed the 
foreign slave trade to go on for twenty years. The fourth clause forbids 
Congress to lay any capitation or other direct tax except in proportion 
to population, and, in estimating the population for this purpose only 
three-fifths of the slaves were to be counted. These two clauses were a 
part of the third compromise of the Constitution, and this provision was 
put in to prevent the possibility of amending the Constitution before 
1808 in order to stop the slave trade, or to change the manner of laying 
direct taxes. 

It has already been shown that an income tax not apportioned among 
the States is unconstitutional, and Congress cannot now collect such a 







168 


NATION AND STATE 


tax. The Constitution could now be amended so as to allow direct 
taxes to be laid in proportion to wealth and not in proportion to popula¬ 
tion only, as is now the case. But before 1808 it would not have been 
possible to amend the Constitution for this purpose. 

All the States Must Have the Same Number of Senators. But 

there is one provision of the Constitution in which there is no 
likelihood of change, for it says that no State without its con¬ 
sent shall be deprived of its equal suffrage in the Senate. As it 
is practically certain that no State will ever consent to have 
fewer Senators than the others, it is evident that the States 
will always be equally represented in the Senate. Two- 
thirds of Congress with three-fourths of the State Legislatures 
may change any other part of the Constitution, and the 
remaining States must submit; or they may give each State 
three or four or a dozen Senators, but must always give them 
the same number. 

The President’s Approval of an Amendment Unnecessary. It is not 
customary to send to the President for his approval or disapproval pro¬ 
posed amendments which have received a two-thirds vote in each House, 
and the Supreme Court has decided that it is not necessary to do so. 

A State Cannot Withdraw its Ratification. If the Legislature of a 
State has once voted to ratify an amendment, it cannot afterward with¬ 
draw its ratification. So after an amendment has been proposed by 
Congress or perhaps by a national convention there is always a possi¬ 
bility of its adoption, for its friends by concentrating their efforts may 
win one State at a time, and have an indefinite time for the accomplish¬ 
ment of their purpose. 


CHAPTER XVII. 

i 

THE SUPREMACY OF THE CONSTITUTION. 

Article VI. Clause 1 . All debts contracted and engage¬ 
ments entered into before the adoption of this Constitution 
shall be as valid against the United States under this Consti¬ 
tution as under the Confederation. 

The Public Debt to be Paid. In carrying on the Revolu¬ 
tionary War the Continental Congress borrowed large sums 
of money, which had not been paid when the Constitution 
was made. This clause promised that the new government 
would pay these debts. Without such a promise all these 
creditors, both at home and abroad, might have opposed the 
adoption of the Constitution. These debts were afterward 
paid in full. 

Clause 2. This Constitution and the laws of the United 
States which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the United 
States, shall be the supreme law of the land; and the judges in 
every State shall be bound thereby, anything in the Constitution 
or laws of any State to the contrary notwithstanding. 

The Constitution and Laws of the United States Supreme. It 

is necessary that the Constitution of the United States and the 
laws and treaties which the Constitution gives Congress and 
the President the right to make must be supreme. If any 
State has laws contrary to laws of the United States, such 
State laws are void, and even the judges of that State must so 

decide. It is the business of the courts to decide when State 

C169) 





170 


NATION AND STATE 


laws must be set aside by United States laws, and either State 
Courts or United States Courts have this power, but all such 
cases may be appealed to the Supreme Court of the United 
States for final decision. 

Clause 3. The Senators and Representatives before men¬ 
tioned, and the members of the several State Legislatures , and 
all executive and judicial officers, both of the United States and 
of the several States, shall be bound by oath or affirmation to 
support this Constitution; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 

Both United States and State Officers Must Subscribe to the 
Constitution. In order to make sure that the Constitution and 
laws of the United States shall always be supreme, not only the 
United States officers, but also the State legislators, Govern¬ 
ors and judges, when they go into office, must swear that they 
will support the Constitution of the United States. 

No Religious Test for Offices. When the Constitution was 
made, most nations allowed no one to hold an office who did 
not belong to the State Church. And in some countries this 
is still the case, while in others, particular sects, such as the 
Jews, have been or still are forbidden to hold office. But this 
clause in the Constitution has always secured religious free¬ 
dom for all officeholders in the United States. 

B. H. Roberts, who was elected to Congress from Utah in 1899, was 
refused admission by vote of the House of Representatives, not because 
he was a member of the Mormon Church, but because he was believed 
to be a polygamist. Reed Smoot, who was elected Senator by the Utah 
Legislature in 1903, was one of the leaders of the Mormon Church, but 
there was no evidence that he was a polygamist. So, although much 
pressure was brought to bear upon the Senate not to admit him, he was 
admitted. 


CHAPTER XVIII. 


THE RATIFICATION OF THE CONSTITUTION. 

Article VII. The ratification of the conventions of nine 
States shall be sufpcie?it for the establishment of this Consti¬ 
tution between the States so ratifying the same . 

Number of States Necessary for Ratification. There was much 
uncertainty as to how many of the States would accept the 
Constitution. So the convention which made it decided that 
if as many as nine of the States accepted the Constitution, it 
should go into effect in those nine. But if as many as nine 
States could not be got to try the new Constitution, it was not 
worth while to try it, and either the Constitution must be 
changed so as to suit more of the States, or the old govern¬ 
ment under the Articles of Confederation must continue until 
the States were ready for a new one. 

The Constitution Ratified. The Constitution was to be 
ratified by conventions in the different States. The members 
of these conventions were elected by the people. Within a 
year all of the States but North Carolina and Rhode Island 
had ratified the Constitution, and it went into effect in the 
eleven States that adopted it. North Carolina ratified the 
Constitution and joined the Union during the first year of the 
new government, and Rhode Island did the same the next 

year. 

If Any State Had Not Ratified. What would have happened if one of 
the States had persisted in refusing to enter the Union ? It is very doubt- 

( 171 ) 





172 


NATION AND STATE 


ful whether it could rightfully have been forced to accept the new govern¬ 
ment, though some authorities claim that it could. No doubt Congress 
would have endeavored to bring it into the Union by cutting off free trade 
between it and the other States or by other restrictions. And the other 
States would probably have been justified in preventing it from con¬ 
necting itself with any foreign country. Fortunately, however, all of the 
States presently accepted the Constitution and all such difficulties were 
avoided. 





CHAPTER XIX. 


THE AMENDMENTS TO THE CONSTITUTION. 

Difficulty of Amending the Constitution. The usual mode of 
amending the Constitution requires the concurrence of two- 
thirds of both Houses of Congress and majorities in three- 
fourths of the State Legislatures. To secure such general 
interest and agreement upon any one measure is so difficult 
that amendments are rarely made. 

The First Ten Amendments. A Bill of Rights. When the 
Constitution was made and submitted to the States for ratifi¬ 
cation, there was general complaint that it did not sufficiently 
protect the rights of the people. So it was generally agreed 
that if the States would ratify the Constitution as it stood, it 
w r ould be so amended as to fully protect these rights. For 
this purpose tw r elve amendments were proposed by the first 
Congress, ten of which were ratified by the State Legislatures. 
As these ten amendments were adopted to secure the rights 
of the people, they are often called a Bill of Rights. 

The First Ten Amendments Do Not Apply to the States. It is 
very important to remember that these amendments apply to 
the United States government only, and are not restrictions 
upon the States. The things here forbidden are forbidden to 
Congress or the President or the United States Courts. The 
State Legislatures, Governors, and courts are not bound by 
them. The State constitutions generally have similar provi¬ 
sions to protect the rights of the people from the State govern¬ 
ments, but these were made by the States themselves, and 

( 173) 






174 


NATION AND STATE 


may be changed by them. Some of the other amendments 
do apply to the States, as will be seen later. 

First Amendment. Congress shall make no law respecting 
an establishment of religion, or prohibiting the free exercise 
thereof, or abridging the freedom of speech or of the press, or 
the right of the people peaceably to assemble, and to petition the 
government for a redress of grievances. 

No State Church. In most countries there is a State Church, 
to which the rulers belong, and which is specially favored and 
sometimes supported by the government. No such State 
Church can be established in the United States, and Congress 
must not interfere with the right of anyone to worship as he 
pleases. Nowhere in the world are Christian churches better 
sustained or more efficient than in the United States. The 
absence of a State Church and freedom of worship have been 
an advantage both to the country and to the cause of religion. 

In England the Episcopal Church, or Church of England, as it is there 
called, is the state church. In Scotland it is the Presbyterian Church. 
In most of the states of Germany the state church is Lutheran, though 
in a few of them it is Catholic. In Austria it is Catholic. In Russia it is 
Greek. France is the only great European nation with no state church. 

Free Speech and a Free Printing-press. Congress cannot 
pass laws to prevent men from saying or printing what they 
please. But they may be held responsible for the results of 
their utterances. If what they say or write stirs up riot or 
rebellion they can be punished. And if they in jure others by 
talking against them (slander) or by printing articles against 
them (libel), they can be made to pay damages to those whom 
they have thus injured. 

Tyrannical rulers have generally forbidden the people to 
hold meetings to discuss their wrongs, or to petition for relief 






THE AMENDMENTS TO TIDE CONSTITUTION 175 


from them. But Congress must not prohibit such meetings, 
so long as they are peaceable. 

Second Amendment. A well-regulated militia being neces¬ 
sary to the security of a free State, the right of the people to keep 
and bear arms shall not be infringed. 

Opposition to a Standing Army. The American people have 
always been opposed to a large standing army, because such 
: armies have repeatedly been used to deprive people of their 
liberties. This could scarcely be done with militia, or citizen 
soldiers. As has already been explained, all able-bodied male 
citizens between the ages of eighteen and forty-five years are 
enrolled in the militia, and if necessary could be required to 
join the army. And in each State part of them voluntarily 
form companies and regiments for military drill. 

Always in time of peace and usually in war the United States has 
found enough men willing to volunteer to furnish it with soldiers. But 
during the Civil War this was not always the case. A part of the enrolled 
militia were drawn by lot, or drafted, and had to serve as soldiers, or to 
send substitutes in their places. 

The Right to Have and Bear Arms. A militia must have 
arms for drill and to be ready for war. Besides, the first step 
toward depriving a people of liberty has generally been to 
take away their arms. So Congress must not prevent people 
from having or carrying arms. 

This amendment would not prevent Congress from providing how 
arms shall be carried. And the States, although their constitutions gen¬ 
erally have a similar clause, all forbid the carrying of concealed deadly 
weapons. For instance, a man may walk along the street with a gun on 
his shoulder, but the law forbids him to carry a pistol in his pocket. 

Third Amendment. No soldiers shall in time of peace be 
quartered in any house without the consent of the owner , nor in 
time of war but in a manner to be prescribed by law. 

12 






176 


NATION AND STATE 


Quartering Soldiers. Quartering soldiers is sending them to 
private houses and requiring the people there to lodge and 
feed them. This was once a common practice, and was a 
serious abuse. It is forbidden entirely in time of peace. In 
time of war it may be necessary, but even then it must be 
according to law and would probably be paid for. 

Fourth Amendment. The right of the people to be secure in 
their persons, houses, papers, and effects, against unreasonable 
searches and seizures shall not be violated; and no warrants 
shall issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched 
and the persons or things to be seized. 

Searching for Illegal Possessions. This amendment forbids 
officers of the United States to make illegal searches for stolen 
goods or other property illegally held. Most cases of theft, 
however, are violations of State laws, and the State consti¬ 
tutions must furnish protection in such cases. 

When property has been stolen the owner may go to the justice of the 
peace or magistrate, and under oath describe the goods stolen and give 
his reasons for having a certain place searched for them. The magis¬ 
trate may then give the constable, or officer, a search-warrant, authoriz¬ 
ing him to search the place for the stolen goods. 

Without a search-warrant, or a warrant for the arrest of an inmate, 
no man has a right to enter the home of another without his consent. It 
is an old maxim of law that “ a man’s house is his castle,” and he has a 
right to resort to any necessary means to defend it against illegal entrance. 

Fifth Amendment. No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising in the 
la?id or naval forces, or in the militia when in actual service in 
time of war or public danger; nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or limb; nor 


THE AMENDMENTS TO THE CONSTITUTION 177 

shall be compelled in any criminal case to be a icitness against 
himself; nor be deprived of life , liberty , or property without due 
process of law; nor shall private property be taken for public 
use, without just compensation. 

Safeguards in Criminal Trials. This amendment and the 
next one are very important in securing fair trials in the District 
and Circuit Courts to persons charged with crimes against 
the United States. And trials in the State courts are safe¬ 
guarded by the State Constitutions in about the same way. 

The Grand Jury. A grand jury in the courts of the United 
States consists of not less than sixteen nor more than twenty- 
three men , 1 drawn by lot, who before a prisoner is tried 
examine the evidence against him to see whether it is worth 
while to try him. No one can be tried in a United States 
Court for a serious crime without the approval of a grand 
jury. But such a formality in the army and navy would often 
be impossible, and it is sometimes imperative that offences 
there should be dealt with immediately. As has already 
been explained, offences in the army and navy are tried by 
committees of officers called courts-martial. 

A capital crime is one punishable by death, but an infamous crime is 
not easily defined. Judge Cooley says that it “is one involving moral 
turpitude in the offender, or infamy in the punishment, or both.” But 
in practice, all charges of crime are submitted to grand juries in the 
United States Courts. 

An indictment is a written accusation of crime drawn up by the dis¬ 
trict attorney and laid before the grand jury. If twelve or more of the 
grand jury agree that the case should be tried they approve the indictment, 
or “ find a true bill;” but if not, they “ ignore the bill,” and the prisoner 

1 Twenty-four men are drawn on a grand jury, but if all can serve, one 
is excused, so that twelve may be a majority of the jury, since twelve 
decide whether there shall be a trial or not. 





178 


NATION AND STATE 


is released. He may, however, be indicted and tried at a later term of 
court. A presentment is an accusation brought by a grand jury from its 
own investigation or knowledge. 

In Jeopardy of Life or Limb. This is an old legal phrase 
which simply means tried on charge of a crime. In the United 
States Courts, therefore, no man who has been once tried and 
acquitted can be tried again for the same offence, no matter 
how much evidence may afterward be found against him. 
But when he has been convicted the judge may grant him a 
new trial if injustice has been done. 

The Prisoner as a Witness. Formerly men were often com¬ 
pelled to testify against themselves, and were sometimes 
tortured to make them confess. Persons accused of crime 
are allowed to testify in their own trials, but cannot be com¬ 
pelled to do so in the United States Courts, nor in the State 
courts. 

Life, Liberty, and Property Protected. The United States 
cannot take away the life, liberty, or property of the humblest 
person unless the law gives the right to do so. And whenever 
private property is taken for public use, as through eminent 
domain, it must be paid for. 

Sixth Amendment. In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial by an impar¬ 
tial jury of the State and district wherein the crime shall have 
been committed, which district shall have been previously ascer¬ 
tained by law, and to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against him, to 
have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defence. 

Criminal Trials. After a person has been indicted by a 
grand jury he is tried by a judge and jury. As has been 




THE AMENDMENTS TO THE CONSTITUTION 179 


explained before, a trial jury has twelve members, who must 
be unanimous either to convict or acquit. An accused person 
is entitled to a speedy trial, so that he may soon have oppor¬ 
tunity to establish his innocence. It must be a public trial in 
order that all men may see that it is a fair one. The person 
to be tried must be told beforehand of the charges against 
him, that he may prepare his defence. He has.a right to hear 
the testimony of the witnesses against him, so that he may 
answer it. If his witnesses are unwilling to come to the trial 
and testify, they can be made to do so. And if he is too poor 
to employ a lawyer for his defence, the judge will appoint one 
for him. 

These provisions of the Constitution show how carefully 
the rights of those accused of crime are guarded. Innocent 
persons are rarely convicted in this country, either in the 
United States or State courts. No doubt the guilty often go 
free because judges and juries are afraid of punishing the 
innocent. It is a common saying in the courts that “ it is better 
that ninety-nine guilty men should go free than that one 
innocent man should be punished.” 

The Lynching Peril. In many parts of the United States 
there has grown up an alarming disposition among the people 
to form mobs and lynch without trial persons charged with 
grave crimes. Not only have innocent persons been repeat¬ 
edly murdered by such mobs, but a widespread disrespect and 
disregard for law and order have grown up, which threaten 
seriously to endanger our rights and liberties. In no other 
civilized country in the world are such frequent mob murders 
tolerated as in the United States. It is the urgent duty of 
Legislatures and courts to remove as far as possible all prov¬ 
ocation to such crimes, by securing prompt trials for crimes 
and adequate and unfailing punishment for the guilty. And 








180 


NATION AND STATE 


it is equally the duty of all good citizens to strongly oppose 
every such act of lawlessness and every tendency toward it, 
so that this disgrace and peril to our country may be removed. 

Seventh Amendment. In suits at common law, where the 
value in controversy shall exceed twenty dollars, the right of 
trial by jury shall be 'preserved, and no fact tried by a jury shall 
be otherwise re-examined in any court of the United States than 
according to the rules of the common law. 

Civil Suits. This amendment refers to civil suits, or suits 
concerning property, in the United States Courts. Although 
it has never yet done so, Congress could pass a law providing 
that civil suits involving less than twenty dollars should be 
finally decided without a jury trial—say, by a United States 
Commissioner. But it could not compel the settlement in 
this way of suits involving twenty dollars or more. 

When the Constitution was adopted civil suits were almost 
entirely brought under the common law, and this is still 
generally done both in the United States and State courts. 

By the common law, when a case which had once been tried by a jury 
was appealed to a higher court, the judges of the appellate court could 
not reverse the facts in the case as determined by the jury. They could 
reverse the judge’s decisions in the case, if any of his decisions had been 
illegal, and this might necessitate a new trial. But unless the judge of 
the lower court had made such mistakes the appellate court could not 
change the verdict nor order a new trial, no matter how mistaken they 
might think the jury’s verdict to be. But the common law allows the 
judge, before whom a case is first tried, to order a new trial either in a 
civil or criminal case, if he believes the verdict of the jury is clearly 
against the weight of the evidence. 

Eighth Amendment. Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punishments 
infiicied. 




THE AMENDMENTS TO THE CONSTITUTION 181 


Giving Bail. When a person is charged with crime he is 
first given a hearing before a magistrate. Unless the crime is a 
trifling one. the magistrate does not decide the case, but if the 
evidence is sufficient he sends it to court for trial. As the law 
presumes every man to be innocent until he is proved to be 
guilty, it would be unjust to keep him in jail until the time 
of his trial, if in any other way he can be kept from running 
away before the trial comes off. In all cases except where 
the punishment for the crime is likely to be death, the magis¬ 
trate, or judge, fixes a certain sum as bail or security in the 
case. And if any responsible person will agree to forfeit the 
amount of the bail if the prisoner should not appear for trial, 
he is released until the trial comes off. If the prisoner has no 
friends to go his bail, or if his friends will not go his bail for 
fear he will run away from his trial, he must stay in jail until 
his trial comes off. 

If a person out on bail should run away from his trial his bail would 
be forfeited, but he would not be relieved from trial. If he could be 
found he would still be tried and would be more like]v to be convicted, 

V 

and if convicted would be more severely punished than if he had not 
tried to escape trial. 

Excessive Bail Forbidden. If very heavy bail were demanded 
people might be unable or unwilling to furnish it, and prisoners 
who were clearly entitled to be released on bail might be kept in 
jail. So the Constitution forbids excessive bail to be required. 

Excessive Fines and Cruel and Unusual Punishments. The 
laws a.'low many crimes to be punished partly and some¬ 
times wholly by fines But if excessive fines were not forbid¬ 
den, great injustice might sometimes be done. Especially is 
this true from the fact that when prisoners cannot pay their 
fines they are often detained in prison for a time propor¬ 
tionate to the amount of the fine. 


182 


NATION AND STATE 


Once barbarous and cruel punishments were common, as 
the old English punishment for treason, which has already 
been described. Men’s hands were cut off and they were 
otherwise maimed or tortured for offences which are not now 
considered serious. All such are forbidden by this clause and 
are also generally forbidden in the State constitutions. 

In order to be forbidden by this clause a punishment must be both 
cruel and unusual. Hanging might be thought to be cruel, but it was not 
unusual when the Constitution was adopted, so that it is not prohibited. 
When New York made its death penalty electrocution instead of hanging, 
the Supreme Court was appealed to, to set aside the law as being con¬ 
trary to this clause. The court decided that this amendment did not 
refer to State laws, but remarked in its decision that, while electrocu¬ 
tion was an unusual punishment, there was no evidence that it was also 
cruel. 

Ninth Amendment. The enumeration in the Constitution of 
certain rights shall not be construed to deny or disparage others 
retained by the people. 

Other Rights of the People. For fear that it might some¬ 
time be claimed that the rights mentioned in these amend¬ 
ments or in the original Constitution are the only rights of 
the people, this amendment was inserted. 

Tenth Amendment. The powers not delegated to the United 
States by the Constitution , nor prohibited by it to the States, 
are reserved to the States respectively or to the people. 

Powers Left to States and People. The national govern¬ 
ment has only the powers which the Constitution gives it. But 
as has already been shown (p. 90), in addition to the powers 
expressly given to it in the Constitution, it has certain implied 
powers, which properly go with those expressly given. When 
this amendment was proposed by Congress an attempt was 
made to prevent the government from having any implied 






THE AMENDMENTS TO THE CONSTITUTION 183 

powers by making the amendment read “ The powers not 
expressly delegated, etc.” but this was defeated in order that 
implied powers might be used when necessary. 

All the powers which the States did not thus give to the 
national government remained in the separate States. And 
all the powers of the people not thus given up still belonged 
to the people. 

Eleventh Amendment. The judicial power of the United 
States shall not be cojistrued to extend to any suit in law or 
equity, commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or subjects of 
any foreign State. 

An Individual Cannot Sue a State in a United States Court. 

This amendment, as already explained (p. 151), prevents any 
individual from suing a State in the United States Courts. 
Such a suit may be brought in the courts of that State, but 
there is no way to compel the State to pay the claim, when the 
suit is decided against it. although it usually does so. This 
amendment was ratified in 1798. 

Repudiation o State Ronds. Several States have taken advantage of 
this amendment to repudiate their bonds, which were owned by citizens 
of the United States or of other countries. The courts of the repudiating 
States would give no relief, and this amendment prevented the owners 
of the bonds from suing the States in the United States Courts. But in 
1901 the owners of $10,000 worth of the repudiated bonds of North 
Carolina gave them to the State of South Dakota, with the suggestion 
that the State collect them and give the proceeds to some of the State 
Institutions. As one State can sue another in the United States Courts 
South Dakota brought suit against North Carolina in the Supreme Court, 
and in 1904 the Supreme Court decided that North Carolina must pay 
to South Dakota the principal and interest on these bonds. Whether 
this will lead the other holders of repudiated State bonds to give them to 







184 


NATION AND STATE 


States or foreign countries for collection, or will induce the repudiating 
States to come to satisfactory terms with the owners of these bonds, 
remains to be seen. 

Twelfth Amendment. Election of President. This amendment 
established the present plan of electing the President and Vice- 
President, and has already been given and explained (pages 111 -to 
117). It was ratified in 1804. 

The Civil War Amendments. For more than sixty years 
after the adoption of the Twelfth Amendment, no new amend¬ 
ments were added to the Constitution. But one of the results 
of the Civil War was the adoption of three more amendments, 
dealing with the problems of that war. 

Thirteenth Amendment. Section 1. Neither slavery nor 
involuntary servitude, except as a punishment jor crime, whereof 
the party shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate Legislation. 

Slavery Finally Abolished in the United States. This amend¬ 
ment was adopted in 1865, soon after the close of the Civil 
War, and was intended to abolish the remnants of slavery still 
remaining in the United States, and to prevent it from being 
ever re-established. The second section was unnecessary. 
Congress would have had the same power without it. 

Congress had abolished slavery in the District of Columbia and in the 
Territories in 1862, as the Constitution gave it the right to do. President 
Lincoln’s Emancipation Proclamation declared slavery abolished on 
January 1,1863, in all parts of the South that were in the Confederacy. 
This was a war order, issued by the President as Commander-in-chief of 
the army and navy, and was enforced as fast as the South was conquered. 
But slavery in Delaware, Maryland, Kentucky, Tennessee, Missouri, 
and in parts of Virginia and Louisiana was not affected by the Eman- 



THE AMENDMENTS TO THE CONSTITUTION 185 


cipation Proclamation. Maryland abolished slavery by amending its 
own constitution in 1864. But in these other States slavery was not 
legally abolished until the adoption of this amendment. 

Fourteenth Amendment. Adopted in 1868. Section 1. All 
persons born or naturalized in the United States, and subject 
to the jurisdiction thereof are citizens of the United States, 
and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immuni¬ 
ties of citizens of the United States; nor shall any State deprive 
any person of life, liberty, or property without due process of 
law, nor deny to any person within its jurisdiction the equal 
protection of the laws. 






Who are Citizens. The famous Dred Scott decision of the 
Supreme Court had decided that negroes were not citizens of 
the United States. This amendment reverses that decision, 
and makes negroes and all other persons born or naturalized 
in the United States citizens, both of the United States and of 
the State in which they live. 


Congress has forbidden Chinamen to be naturalized, no matter how 
long they may live in the country, but Chinese children born in the United 
States are citizens. 

The foreign ambassadors and ministers living in Washington are not 
subject to the jurisdiction of the United States but of their own govern- 
■ ments. And children born to them there would not be “subject to the 
jurisdiction” of the United States and therefore not citizens. 

The Rights of Citizens. After the Civil War, Congress 
feared that emancipated slaves would be denied their rights, 
and might upon some pretext even be deprived of their 
freedom, so the first section of this amendment goes on to 
forbid any State to abridge the privileges or immunities of 
any citizens, or unlawfully to deprive any person, even if 
he were not a citizen, of life, liberty, or property. And it 










186 


NATION AND STATE 


requires that all persons in the State shall have equal pro¬ 
tection by law. 

Fourteenth Amendment. Section 2. Representatives shall 
he apportioned among the several States according to their 
respective numbers, counting the whole number of persons in 
each State, excluding Indians not taxed. But when the right to 
vote at any election for the choice of electors for President and 
Vice-President of the United States, Representatives in Con¬ 
gress, the executive and judicial officers of the State, or the 
members of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age and 
citizens of the United States, or in any way abridged, except for 
participation in rebellion or other crime, the basis of represen¬ 
tation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens, twenty-one years of age, in such State. 

The Apportionment of Representatives. It will be remem¬ 
bered that the Constitution originally required that Repre¬ 
sentatives should be in proportion to population, but in 
determining the population for this purpose only three-fifths 
of the slaves were to be counted. The slaves were now all 
freed, and this section begins by requiring that everybody, 
except the untaxed Indians, shall be counted in the appor¬ 
tionment of Representatives. 

Representation and Suffrage. Wien this amendment was 
proposed negroes were still deprived of the right to vote, not 
only in the South, but in most of the Northern States. It was 
one of the most important purposes of this amendment to 
induce the States to allow these negroes to vote. To do this, 
it provides that if in any State, male citizens, wdio are twenty- 
one years of age, and who have not been guilty of rebellion or 


THE AMENDMENTS TO THE CONSTITUTION 187 


crime, are prevented from voting for Presidential electors, 
Representatives or the important State officers, the number 
of Representatives from that State shall be reduced in the 
same proportion that the vote is thus reduced. 

For instance, if half of its male citizens of voting age were not allowed 
to vote, a State’s representation in Congress was to be cut down one-half. 
This would also reduce the State’s electoral vote for President and Vice- 
President. 

Congress has never deemed it expedient to enforce this provision of 
the Constitution, and it has so far been a dead letter. In Georgia, Missis¬ 
sippi, Pennsylvania, Virginia, Arkansas, South Carolina, and Tennessee 
voters must pay taxes. In Connecticut, Massachusetts, Wyoming, and 
several of the Southern States an educational qualification is required of 
voters. But in most of these Southern States the educational qualifica¬ 
tion does not apply to persons whose ancestors had the right to vote 
before negro suffrage began, and who registered within a given time 
after the law was made, it being intended to prevent only ignorant negroes 
from voting. This provision in the constitutions of these States is popu¬ 
larly known as “ the grandfather clause.” 

Fourteenth Amendment. Section 3. No person shall be 
a Senator or Representative in Congress, or elector of President 
and Vice-President, or hold any office, civil or military, under 
the United States or under any State, who having previously 
taken an oath as a member of Congress, or as an officer of the 
United States, or as a member of any State Legislature, or as 
an executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insurrec¬ 
tion or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two-thirds of . 
each House remove such disability. 

Confederate Leaders Meant. This section was intended to 
reach the leaders of the Southern Confederacy. The Con¬ 
federates who had held United States offices or important 




188 


NATION AND STATE 


State offices had all sworn to support the Constitution of the 
United States. Those who effected this amendment believed 
that these persons had violated their oaths, and determined 
to take from them the right to hold either national or State 
office. 

This Disability Now Entirely Removed. Congress was given 
the right to remove this disability by a two-thirds vote of each 
House. This right was repeatedly exercised, until in 1898, 
during the war with Spain, all the remaining disabilities were 
removed. 

Fourteenth Amendment. Section 4. The validity of the 
'public debt of the United States, aidhorizcd by law , including 
debts incurred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be questioned. 
Bid neither the United States nor amy State shall assume or 
pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or 
emancipation of any slave; but all such debts, obligations, and 
claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

The Debts of the United States Must be Paid. After the close 
of the Civil War it was feared in the North that when Sena¬ 
tors and Representatives from the South were again admitted 
to Congress, they would attempt to have the public debt 
repudiated, or at least that part of the debt which was made 
in pensioning the Union soldiers, or in giving men bounties 
for enlisting in the Union army. The addition of this clause to 
the Constitution took away from Congress all power to do this. 

The Confederate Debt and Slave Losses Must Never be Paid. 
In order to carry on its war with the North the Confederate 



THE A MEND MEN TS TO THE CONSTITUTION 189 

government borrowed large sums of money both from its 
own citizens and in Europe. This amendment forbade either 
Congress or the Southern States ever to pay any of these 
debts, and they became a total loss. 

In the same way, both Congress and the States were for¬ 
bidden ever to pay slaveholders for their slaves which were 
emancipated through the Civil War. 

Fifteenth Amendment. Section 1. The right of citizens 
of the United States to vote shall not be denied or abridged by 
the United States, or by any State, on account of race, color, or 
'previous conditions of servitude . 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation . 

To Secure Negro Suffrage. The attempt to induce the States 
to give negroes the right to vote, by threatening to cut down 
their Congressional representation, failed completely in the 
Southern States; not one of them granted it. Congress pro¬ 
posed this amendment, which was ratified in 1870. In for¬ 
bidding the States to deprive anyone of the right to vote on 
account of either race, color, or previous condition of servitude, 
it was believed that there was no way in which the negroes 
alone could be disfranchised. But in recent years the negro 
vote in the Southern States has been largely suppressed by 
educational or property qualifications for voters, which have 
been prevented from interfering seriously with the white vote 
by “grandfather clauses” or other devices. 

No Additional Amendments in Sight. The influence of the 
Civil War upon the Constitution ended with the Fifteenth 
Amendment. Since then there has never been the general 
and overwhelming popular sentiment in favor of any proposed 
amendment that is necessary to secure its adoption. The 





190 


NATION AND STATE 


movement so to amend the Constitution as to transfer the 
election of Senators from the State Legislatures to the people 
has met with more favor than any other of recent years, but 
public opinion will need to be more strongly aroused before 
such an amendment is adopted. 





WASHINGTON, D. €. 

THE NATIONAL CAPITAL. 


BY 

WALTER B. PATTERSON, 

SUPERVISING PRINCIPAL, WASHINGTON PUBLIC SCHOOLS; MEMBER OP THE 
DISTRICT OF COLUMBIA BAR, AND OF THE VIRGINIA BAR. 


(a) 






Copyright, 1907, 

By Christopher Sower Company. 


THE CITY OF WASHINGTON. 


Need for a National Capital. During the period of the 
Revolution the vicissitudes of war forced the American Con¬ 
gress to move from place to place. Under the Articles of 
Confederation the disposition to move about still prevailed. 
In the interval between the Declaration of Independence and 
the ratification of the Constitution, sessions were held in Phila¬ 
delphia, Baltimore, Lancaster, York, Princeton, Annapolis, 
Trenton, and New York. Naturally, therefore, the question 
of a proper seat for the new government was in the minds of 
the leading statesmen. A short time before, in the Consti¬ 
tutional Convention, through the influence of Mr. Madison, 
a provision had been framed by which the power was given 
to Congress “to exercise exclusive legislation in all cases 
whatsoever over such district, not exceeding ten miles square, 
as may by cession of particular States and the acceptance of 
Congress become the seat of government of the United 
States.” At the first session of Congress under the Consti¬ 
tution, held in the city of New York, a Pennsylvania member 
introduced a resolution as early as the 27th of August, 1789, 
to the effect that “a permanent residence ought to be fixed 
for the general government of the United States at some con¬ 
venient place as near the centre of wealth, population, and 
extent of territory as may be consistent with convenience to 
the navigation of the Atlantic Ocean and have due regard 
to the particular situation of the Western country.” 


(O 









d 


THE CITY OF WASHINGTON 


The Selection of the Site. In the bitter debates that fol¬ 
lowed many places were suggested as suitable, but the final 
decision came to a choice between a location on the banks 
of the Susquehanna and one on the banks of the Potomac. 
By a compromise between the friends of Hamilton and those 
of Jefferson, an agreement was at last reached by which the 
seat of government was given to Philadelphia for ten years 
and permanently thereafter to a location near Georgetown, 
on the banks of the Potomac, and at the same time Hamil¬ 
ton’s desire for the assumption by the Nation of the debts 
incurred by the several States in maintaining the Revolu¬ 
tionary War was granted. In July, 1790, an act was passed i 
that gave to Washington the sole power to select the Federal 
Territory on the river Potomac, the new seat to be ready for 
use in 1800, and during the meantime Philadelphia was to be 
the temporary Capital. Washington’s selection was promptly 
made, embracing an area about ten miles square, located on 
the Potomac River, a little over one hundred miles from the 
junction of that river with Chesapeake Bay. As his selec¬ 
tion was not strictly in conformity with the act of July 16, 
1790, inasmuch as it was not wholly above the mouth of the 
Eastern Branch, an amendment was passed by Congress and 
approved March 3, 1791, by which the President was author¬ 
ized to include the town of Alexandria and adjacent lands 
lying below the Eastern Branch, or Anacostia River, as well 
as the lands above on both sides of the Potomac. 

The Maryland and Virginia Cessions. The portion east of 
the Potomac, containing 69.245 square miles, was ceded 
by Maryland, and the portion west of the river by Virginia, 
though the latter, upon the petition of its inhabitants, was 
receded to Virginia in 1846, so that the present District t 
of Columbia embraces the Maryland cession only. The s 







THE CITY OF WASHINGTON 


e 


sum of $120,000 was voted by the Virginia Legislature as a 
free gift toward the erection of public buildings. Maryland, 
also, besides ceding the land, gave $72,000 for a similar pur¬ 
pose, and subsequently loaned a quarter of a million dollars, 
with the stipulation that the government buildings should be 
erected upon the Maryland side of the river. In pursuance 
of the authority granted him by Congress, Washington 
appointed three Commissioners—Thomas Johnson and 
Daniel Carroll, of Maryland, and David Stewart, of Vir¬ 
ginia, with authority, under the direction of the President, to 
make experimental lines of survey and to define the accepted 
district or territory. They were also empowered to pur¬ 
chase or accept such lands on the Eastern side of the river 
within said district as the President might deem proper, for 
the use of the United States. 

The Actual Survey and the Planning of the City. In a 

letter dated Philadelphia, February 2, 1791, Mr. Jefferson, 
the Secretary of State, directed Major Andrew Ellicott to 
proceed by first stage to the Federal territory on the Potomac 
for the purpose of making a survey of it, and in the same 
letter a wish was expressed that the survey be made with all 
possible dispatch. Ellicott at once assumed charge of the 
actual survey, marking with boundary stones the outlines of 
the Federal territory, which work he reported as completed 
j January 1, 1793. The next month, March, 1791, Jefferson 
also wrote to Major Pierre Charles L’Enfant as follows: 

oil 

ed 

^ “Sir: You are directed to proceed to Georgetown, where you will 
find Mr. Ellicott employed in making a survey and map of the Federal 
a3 territory. The especial object of the asking of your aid is to have 
id drawings of the particular grounds most likely to be approved for the 
■jj { site of the Federal town and buildings.” 








THE CITY OF WASHINGTON 


f 

The credit of designing the plan of the City of Washington 
and of selecting the sites for the Capitol and the White 
House belongs to L’Enfant, although the views of President 
Washington materially affected the result. After L’Enf ant’s 
employment was discontinued, March 1, 1792, Major Elli- 
cott prepared and published a plan, based, however, upon 
the work previously done by L’Enfant. It was L’Enfant who 
first used the term Capital City. Jefferson had called it the 
Federal Territory and the Federal Town; Washington, the 
Federal City; but the Commissioners, on September 9, 1791, 
wrote to L’Enfant: “We have agreed that the Federal 
District shall be called the Territory of Columbia, and the 
Federal City the City of Washington.” 

Acts of Congress of May 6, 1796, and April 18, 1798, pro¬ 
vided for loans for the use of the “City of Washington in the 
District of Columbia,” appellations subsequently employed 
in all national legislation relating to the seat of government. 
Another paragraph of the letter of the Commissioners reads: 
“We have also agreed that the streets be named alphabeti¬ 
cally one way and numerically the other; the former to be 
divided into North and South, and the latter into East and 
West, numbers from the Capitol.” 

Over this rectangular arrangement, suggestive of Phila¬ 
delphia, L’Enfant is said to have gridironed the plan of 
Versailles, France, naming the broad avenues thus formed 
after the States of the Union. 

The Terms of the Transfer of the Land. On March 29, 1791, Wash¬ 
ington, together with the three Commissioners and the two surveyors, 
L’Enfant and Ellicott, met the land-owners of the District at George¬ 
town and successfully negotiated with them respecting the transfer of 
their lands. They conveyed to the government all the streets and park 
without cost, reserved one-half of the lands for themselves and granted 
the other half to the United States, receiving about $66.67 per acre for 


THE CITY OF WASHINGTON 


9 

all spaces taken for public buildings. On the next day the President 
issued a proclamation defining clearly the boundaries of the District. 
A little later, on April 15, 1791, the corner-stone of the District was laid 
on the Virginia side. 

The Removal from Philadelphia to Washington. On the 

first Monday in December, 1800, exclusive jurisdiction over 
the District of Columbia became vested in the Govern¬ 
ment of the United States. The Legislative branch was 
duly organized and in full operation at the City of Washing¬ 
ton by the twenty-first day of November, 1800. President 
Adams reached Georgetown from Philadelphia on June 3, 
1800, and by the 16th of the same month all the executive 
departments of the United States were in working order. A 
quorum of the first session of the Supreme Court of the 
United States, held in Washington, was secured on February 
4, 1801. 

Early History. Congress, by act of February 27, 1801, divided the 
District into the counties of Washington and of Alexandria, and on 
May 3, 1802, made the inhabitants of the City of Washington into a 
body corporate. At this point it must be borne in mind that this was 
the first attempt of any nation to build a capital in the woods and fields, 
whereas the capitals of the old-world nations had existed for centuries. 
As a result, many complaints arose both from our own people and from 
foreigners respecting the discomforts of the new city. So severe were the 
criticisms of the wretched streets and the unfinished buildings that the 
final outcome "was often in doubt, and from time to time efforts to transfer 
the National Capital to some other locality seemed certain of success; 
but as the years progressed the natural advantages of the site became 
more evident, and the Capital remained where its noble founder had 
placed it, notwithstanding the necessity of rebuilding the Capitol, White 
House, and other public edifices after their destruction by the British 
in 1814. 

Though Congress established a judicial system for the District of 
Columbia as early as 1801, it neglected to provide a form of government 





h 


THE CITY OF WASHINGTON 


for the entire District until 1871. In the western part of the District 
was an independent municipality, known as Georgetown, established 
in 1751 and incorporated in 1789; to the north and east, outside the 
limits of the Capital City, but still within the District, was a portion of 
Washington County, under the control of the Levy Court, a body com¬ 
posed of Justices of the Peace; while across the Potomac until 1846 
’ was the County of Alexandria, with its incorporated city of the same 
name. 

Under the Mayors. For seventy years the inhabitants of Washington 
alone, guided by its mayors, who were at first appointed by the President, 
but subsequently elected either by councils or by the people, undertook 
the impossible task not only of improving the streets and parks belonging 
to the Nation, which owned more than half the new city, but also of provid¬ 
ing for the cost of all other municipal services, including police and fire 
protection; while Congress, in the main, limited its appropriations to its 
own public buildings, paid no taxes, or otherwise contributed to meet 
the expenses of the City of Washington or of the District of Columbia. 
Thus from the beginning of the century until after the Civil War the 
citizens of Washington tried to carry out the plans of the first President 
for a National Capital and at the same time to maintain local govern¬ 
ment. Although throughout this long period the City of Washington 
had been the centre of our national life, it was not until the Civil War 
had closed that the interest of the people throughout the nation was 
awakened to the welfare of the District of Columbia and the City of 
Washington, and a general desire created to make the capital worthy 
of the Nation. For the first time the people of the United States realized 
the magnitude of the plans of the noble founder and the possibility of 
their ultimate fulfilment. 

Slavery and the Slave Trade. By the compromise in 1850 
the slave trade, not slavery, was prohibited in the District 
of Columbia. Nearly eight months prior to the Emancipa¬ 
tion Proclamation, slavery in the District was abolished by 
Act of Congress, approved April 16, 1862. 

The District as one of the Territories of the United States. 
On February 21, 1871, Congress revoked the charters of 
the City of Washington, Georgetown, and the Levy Court 


THE CITY OF WASHINGTON { 

of the County of Washington, and erected a single terri¬ 
torial form of government, with a Governor, a Legisla¬ 
ture, and a delegate to Congress. Within a few months 
thereafter, under the leadership of the energetic Governor, 
Alexander R. Shepherd, vast municipal improvements were 
under way, streets were regraded and paved, and exten¬ 
sive preparations made to beautify the city; but the 
large indebtedness incurred so alarmed the citizens and the 
members of both Houses of Congress, that, in 1874, the 
elective franchise was abolished, the municipal authority 
vested in three temporary commissioners, and provision 
made for preparing the framework of a permanent form of 
government in which the payment of the expenses should be 
divided equally between the United States and the District of 
Columbia. 

The First Permanent Government of the Entire District. 

In four years the plan was perfected, and on July 1, 1878, 
the present local government went into effect, pursuant 
to an Act of Congress of June 11, 1878. While many of the 
citizens regret that in the District of Columbia there is no 
elective franchise and no representation in Congress, it is 
generally admitted that under the present form of govern¬ 
ment the civic progress of the Nation’s Capital has been 
remarkable. This success is due in a large measure to the 
frequent hearings granted by the Commissioners to the citi¬ 
zens and to their associations. There is a tendency, more¬ 
over, in some parts of the country to govern cities by com¬ 
mission very much as the District of Columbia is now 
governed. 

In Ecldoff v. The District of Columbia, the United States Supreme 
Court, in commenting upon the Act of 1878, says: 

“It is to be regarded as an organic act, intended to dispose of the 




THE CITY OF W A SHIN G TON 


9 

1 

whole question of a government for this District. It is, as it were, a 
Constitution of the District. It is declared by its title to be an act to 
provide a permanent form of government. The word permanent is 
suggestive. It implies that prior systems had been temporary and pro¬ 
visional. As permanent, it is complete in itself. It is the system of 
government. The powers conferred are organic powers. We look to 
the act itself for their extent and limitations. It is not one act in a series 
of legislation, to be made to fit into the provisions of prior legislation, 
but it is a single complete act, the outcome of previous experiments, and 
the final judgment of Congress as to the system of a government which 
should obtain.” 


THE PRESENT FORM OF GOVERNMENT IN THE DISTRICT 

OF COLUMBIA. 

Commissioners. The government is administered by a 
board of three Commissioners, having equal powers and 
duties. Two of these, who must have been actual residents 
of the District for three years prior to their appointment, are 
appointed by the President from civil life, while the third is 
detailed from the Engineer Corps of the United States 
Army. He must be a captain, or officer of higher rank, who 
has served at least fifteen years in the Engineer Corps. 

In addition to their executive functions the Commissioners 
may frame minor municipal regulations, as Congress, which 
by the Constitution is vested with exclusive legislative 
authority over the District of Columbia, has by statute 
delegated to them this privilege. They have arranged their 
duties into three groups, and have assigned one group to the 
supervision of each Commissioner, subject, if necessary, to 
revision by the whole Board. Each Commissioner receives a 
salary of $5000 per year, the two from civil life each giving 
a bond of $50,000. They are appointed for three years, but 




THE CITY OF WASHINGTON 


k 


remain in office until their successors have been appointed 
and have qualified. It is customary for the President to 
appoint one of the civil Commissioners from each of the two 
great political parties of the nation. 

The group assigned to the Engineer Commissioner in¬ 
cludes, as a rule, those departments that afford the best field 
for the exercise of his professional skill, such as high ways,\ 
bridges, sewers, building construction, building inspection, 
etc. Three junior officers of the same corps may be detailed 
by the President of the United States to assist him in his 
duties, one of whom is empowered to act as Engineer Com¬ 
missioner in his absence. This arrangement leaves the 
police, fire, health, insurance, and similar departments to 
the immediate management of one or the other of the civilian 
Commissioners. In 1906, Congress reorganized the police 
and fire departments, placing them upon a modern basis, 
and upon the recommendation of the Commissioners, bene¬ 
ficial laws affecting the other departments have been enacted, 
all looking toward the adornment of the capital or the health, 
comfort, and safety of its inhabitants. 

Contracts. The Commissioners cannot make contracts or 
incur obligations without previous authority from Con¬ 
gress. 

Estimates. By October 15 of each year they must sub¬ 
mit to the Secretary of the Treasury an estimate of the 
amount necessary to defray the expenses of the government 
of the District for the next fiscal year. After stating to what 
extent this statute has his approval the Secretary submits 
the same to Congress. 

Revenue. To the extent to which Congress shall approve 
of this estimate, it appropriates the amount of 50 per cent, 
thereof, and the remaining 50 per cent, must be levied upon 









THE CITY OF WASHINGTON 


l 

the taxable property and privileges other than the property 
of the United States. In this connection it is interesting to 
note that Washington proper contained until recently 6111 
acres, of which 3095 belonged to the United States. The 
area, however, was increased to 6512 acres by the addition of 
the town of Georgetown, which was consolidated with the 
City of Washington, by Act of Congress, February 11,1895. 
Subsequent condemnations have increased to some extent 
the holdings of the United States. 

The Judiciary. The Judiciary of the District of Columbia 
consists of a Court of Appeals, a Supreme Court, a Police 
Court, a Juvenile Court, Justices of the Peace, and United 
States Commissioners. 

The Court of Appeals consists of a Chief Justice and two 
associates, appointed by the President, and holding office 
during good behavior. It has jurisdiction in cases arising 
under the patent and copyright laws and it may also review 
the judgments and orders of the Supreme Court of the Dis¬ 
trict. An appeal lies from the final judgment of the court 
to the Supreme Court of the United States, provided the 
matter in dispute exceeds $5000, and also regardless of the 
amount in dispute, if the validity of a patent or copyright, 
or, in fact, any Federal question is involved. 

The Supreme Court of the District of Columbia consists 
of a Chief Justice and five associates, appointed by the 
President, and holding office during good behavior. It is 
a court of general jurisdiction, having cognizance of all 
crimes and offences committed within the District, and of all 
controversies between parties either of whom is a resident 
or can be found in the District. It has also the powers of the 
Circuit and District Courts of the United States, and is 
deemed a United States Court. The special terms of this 


THE CITY OF WASHINGTON 


m 


court are the Circuit Court, the Equity Court, the Criminal 
Court, the Probate Court, and the District Court of the 
United States. Appeals lie from this court to the Court 
of Appeals. 

The Police Court consists of two judges, appointed by the 
President for the term of six years. They hold separate 
sessions and have jurisdiction over minor offences against 
the criminal laws and also of offences against municipal 
ordinances and regulations. The acts of each of the judges 
are deemed to be the acts of the court. Excepted cases 
may be reviewed in the Court of Appeals by means of a writ 
of error. 

By Act of Congress, approved March 19, 1906, a Juvenile 
Court was created. The judge, appointed by the President 
for a term of six years, has practically the power of a judge 
of the Police Court, but for the most part his efforts are 
confined to the punishment or reformation of offenders be¬ 
low the age of seventeen. As the District now has a com- 
pulsory education law, he is especially empowered to deal 
with habitual truants and neglected children. First offend¬ 
ers are often placed on probation, with the hope of making 
them desirable citizens instead of permanent criminals. A 
playground has been established in connection with the 
Juvenile Court, and other novel methods devised to keep 
boys and girls from idleness. This “Progress City Play¬ 
ground/’ as it has been called, is but one of many public 
playgrounds in the District. 

There are six Justices of the Peace in the District, who are 
appointed by the President for a term of four years. Each 
one has a subdistrict over which he has jurisdiction in civil 
cases involving $300 or less, but such jurisdiction is exclusive 
to the amount of $50 only, and concurrent with the Supreme 



n 


THE CITY OF WASHINGTON 


Court when the amount claimed for debt or damages exceeds 
$50. Appeals lie to the Supreme Court of the District. 

A few United States Commissioners are appointed by the 
Supreme Court of the District, whose chief duties are to inves¬ 
tigate alleged violations of United States laws and infractions 
of treaty provisions. They may issue warrants, administer 
oaths, and examine witnesses, with a view to determining 
whether persons accused should be released or committed 
to await the action of the grand jury. They do not receive 
an annual salary, but derive their compensation from fees, 
which are fixed by law. 

The Laws. By Act of Congress, February 27, 1801, the 
laws of the State of Maryland were continued in the District 
of Columbia. The Maryland law was based upon the com¬ 
mon law of England and such British statutes as were appli¬ 
cable to colonial conditions, modified by provincial and State 
enactments. This Maryland law, as adopted, has in turn 
been modified by many subsequent Acts of Congress, by 
municipal laws and ordinances when Washington was under 
the charge of Mayor or Governor, by the authorized regu¬ 
lations of the Commissioners, and finally by a code of law 
with numerous amendments. 

The Public Schools. The affairs of the public schools are 
administered by a Board of Education, consisting of nine 
members, appointed for a period of three years each by the 
Judges of the Supreme Court of the District of Columbia, 
one-third of the membership of the Board changing on 
June 30 of each year. The nine members, three of whom are 
women, must all have been bona fide residents of the District 
for at least five years. They serve without compensation and 
determine all questions of general policy relating to the 
schools, but expenditures of public funds must be made 


THE CITY OF W ASIIINGTON 


o 


and accounted for, as provided by law, under the direction 
and control of the Commissioners. The Board of Education 
must transmit annually to the Commissioners. an estimate of 
- the amount of money required for the schools for the ensuing 
year, and the Commissioners transmit the same to Congress, 
with the other estimates heretofore mentioned, making such 
recommendations as they may deem proper. A superintendent 
is appointed by the Board, who holds his office for three 
years and has direction of all matters pertaining to instruc¬ 
tion. Upon his written recommendation the Board appoints 
one white assistant superintendent for the white schools and 
one colored assistant superintendent for the colored schools. 
Appointments, promotions, transfers, and dismissals are made 
in a like manner upon the written recommendation of the 
superintendent. This applies to all officers and teachers, 
except the secretary, who is chosen by the direct vote of the 
Board. In making his written recommendations, in certain 
cases prescribed by law, he is guided by the advice of his 
supervisory officers or of the Board of Examiners. The Board 
of Education arranges all teachers in definite classes and 
groups. As a rule, the public school buildings have been 
named in honor of deceased Presidents of the United States, 
Mayors of Washington, or of Georgetown, Commissioners 
of the District and other famous Americans, such as 
Benjamin Franklin, Joseph Henry, George Peabody, Daniel 
Webster, and others. 

Militia. The District of Columbia has an excellent militia 
force, including a naval reserve, under the command of a 
brigadier-general appointed by the President. Its adjutant- 
general is an officer of the United States Army, detailed to 
assist the commanding officer. Under an Act of Congress 
of March 1, 1889, every male citizen of the District between 





THE CITY OF WASHINGTON 


V 

the ages of eighteen and forty-five is subject to enrolment, 
with specified exceptions. The provisions of a recent enact¬ 
ment known as the “ Dick Bill,” that places the National 
Guard of the several States upon an improved footing, extend 
also to the troops of the District. 

The Future of the National Capital. In consequence of 
the care now exercised by Congress most of the improve¬ 
ments are made to harmonize with one general plan that 
looks to the cost and the effect in the future rather than to a 
mere economical expenditure to-day. This is indeed hope¬ 
ful. The very nature of the capital makes its own history 
part of the history of the Nation. As grows the Nation, so 
will grow its head city—its capital. A broad patriotism 
requires that not only the man who dwells at Washington, 
but every American citizen throughout the land should do 
his part in making and in keeping the capital of the United 
States the most beautiful capital in the world. 


APPENDIX. 


THE CONSTITUTION OF THE UNITED STATES 

OF AMERICA. 

PREAMBLE. 

We the People of the United States, in order to form a more perfect 
Union, establish Justice, insure domestic Tranquillity, provide for 
the common defence, promote the general Welfare, and secure the 
Blessings of Liberty to ourselves and our Posterity, do ordain and 
establish this Constitution for the United States of America. 


ARTICLE I. 

Section 1 . All legislative Powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and House 
of Representatives. 

Section 2. m The House of Representatives shall be composed of 
Members chosen every second year by the People of the several States, 
and the Electors in . each State shall have the Qualifications requisite 
for Electors of the most numerous Branch of the State Legislature. 

[21 No person shall be a Representative who shall not have attained 
to the Age of twenty five years, and been seven Years a Citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 


[Note.—T he small figures in brackets are not in the original, but have been added 
subsequently, to mark the different clauses in a section. In reprinting the Constitu¬ 
tion here, the spelling, punctuation, and capitalization of the original have been pres¬ 
sor ved ] 

(i) 








APPENDIX 


11 


[3] Representatives and direct Taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective Numbers, which shall be determined by adding to the 
whole Number of free Persons, including those bound to Service for a 
Term of Years, and excluding Indians not taxed, three fifths of all other 
Persons. The actual Enumeration shall be made within three Years 
after the first Meeting of the Congress of the United States, and within 
every subsequent Term of ten Years, in such Manner as they shall by 
Law direct. The Number of Representatives shall not exceed one for 
every thirty Thousand, but each State shall have at Least one Repre¬ 
sentative; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode- 
Island and Providence Plantations one, Connecticut five, New-York 
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and Georgia 
three. 

U1 When vacancies happen in the Representation from any State, the 
Executive Authority thereof shall issue Writs of Election to fill such 
Vacancies. 

151 The House of Representatives shall chuse their Speaker and other 
officers; and shall have the sole Power of Impeachment. 

Section 3. [1] The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legislature thereof, for 
six Years; and each Senator shall have one Vote. 

t2] Immediately after they shall be assembled in Consequence of the 
first Election, they shall be divided as equally as may be into three 
Classes. The Seats of the Senators of the first Class shall be vacated 
at the Expiration of the second Year, of the second Class at the Expira¬ 
tion of the fourth Year, and of the third class at the Expiration of the 
sixth Year, so that one-third may be chosen every second Year; and if 
Vacancies happen by Resignation, or otherwise, during the Recess of 
the Legislature of any State, the Executive thereof may make temporary 
Appointments until the next Meeting of the Legislature, which shall 
then fill such Vacancies. 

[3] No person shall be a Senator who shall not have attained to the 
Age of thirty Years, and been nine Years a Citizen of the United States, 
and who shall not, when elected, be an Inhabitant of that State for which 
he shall be chosen. 






THE CONSTITUTION OF THE UNITED STATES 


• • • 
ill 

t4] The Vice President of the United States shall be President of the 
Senate, but shall have no Vote, unless they be equally divided. 

151 The Senate shall chuse their other Officers, and also a President 
pro tempore, in the Absence of the Vice President, or when he shall 
exercise the Office of President of the United States. 

[8] The Senate shall have the sole Power to try all Impeachments. 
When sitting for that Purpose, they shall be on Oath or Affirmation. 
When the President of the United States is tried, the Chief Justice shall 
preside: And no Person shall be convicted without the Concurrence of 
two thirds of the Members present. 

m Judgment in Cases of Impeachment shall not extend further than 
to removal from Office, and Disqualification to hold and enjoy any 
Office of honour, Trust or Profit under the United States: but the Party 
convicted shall nevertheless be liable and subject to Indictment, Trial, 
Judgment and Punishment, according to Law. 

Section 4. [1] The Times, Places and Manner of holding Elections 
for Senators and Representatives, shall be prescribed in each State by 
the Legislature thereof; but the Congress may at any time by Law 
make or alter such Regulations, except as to the places of chusing 
Senators. 

[2] The Congress shall assemble at least once in every Year, and such 
Meeting shall be on the first Monday in December, unless they shall by 
Law appoint a different Day. 

Section 5. [1] Each House shall be the Judge of the Elections, 

Returns and Qualifications of its own Members, and a Majority of each 
shall constitute a Quorum to do Business; but a smaller Number may 
adjourn from day to day, and may be authorized to compel the Attend¬ 
ance of absent Members, in such Manner, and under such Penalties as 
each House may provide. 

121 Each House may determine the Rules of its Proceedings, punish 
its Members for disorderly Behaviour, and, with the Concurrence of 
two thirds, expel a Member. 

t3] Each House shall keep a Journal of its Proceedings, and from time 
to time publish the same, excepting such Parts as may in their Judgment 
require Secrecy; and the Yeas and Nays of the Members of either House 
on any question shall, at the Desire of one fifth of those Present, be 
> entered on the Journal. 

f4] Neither House, during the Session of Congress, shall, without the 
17 





IV 


APPENDIX 


Consent of the other, adjourn for more than three days, nor to any other 
Place than that in which the two Houses shall be sitting. 

Section 6. [1] The Senators and Representatives shall receive a 
Compensation for their Services, to be ascertained by Law, and paid 
out of the Treasury of the United States. They shall in all Cases, except 
Treason, Felony and Breach of the Peace, be privileged from Arrest 
during their Attendance at the Session of their respective Houses, and 
in going to and returning from the same; and for any speech or debate 
in either House, they shall not be questioned in any other Place. 

[2] No Senator or Representative shall, during the Time for which he 
was elected, be appointed to any civil Office under the Authority of the 
United States, which shall have been created, or the Emoluments 
whereof shall have been encreased during such time; and no Person 
holding any Office under the United States, shall be a Member of either 
House during his Continuance in Office. 

Section 7. Cl] All Bills for raising Revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with Amend¬ 
ments as on other Bills. 

[2] Every Bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a Law, be presented to the Presi¬ 
dent of the United States; If he approve he shall sign it, but if not he 
shall return it, with his Objections to that House in which it shall have 
originated, who shall enter the Objections at large on their Journal, and 
proceed to reconsider it. If after such Reconsideration two thirds of 
that House shall agree to pass the Bill, it shall be sent, together with the 
Objections, to the other House, by which it shall likewise be reconsidered, 
and if approved by two thirds of that House, it shall become a Law. 
But in all such cases the Votes of both Houses shall be determined by 
yeas and Nays, and the Names of the Persons voting for and against the 
Bill shall be entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like Manner as if he had signed it, unless the Congress by their 
Adjournment prevents its Return, in which Case it shall not be a Law. 

[3] Every Order, Resolution, or Vote to which the Concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of Adjournment) shall be presented to the President of the 
United States; and before the Same shall take Effect, shall be approved 


THE CONSTITUTION OF THE UNITED STATES 


V 


by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the Rules and 
Limitations prescribed in the Case of a Bill. 

Section 8. The Congress shall have Power 

tl] To lay and collect Taxes, Duties, Imposts and Excises, to pay the 
Debts and provide for the common Defence and general Welfare of the 
United States; but all Duties, Imposts and Excises shall be uniform 
throughout the United States; 

t2] To borrow Money on the credit of the United States; 

t31 To regulate Commerce with foreign Nations, and among the several 
States, and with the Indian Tribes; 

[4] To establish an uniform Rule of Naturalization, and uniform Laws 
on the subject of Bankruptcies throughout the United States; 

[5] To coin Money, regulate the Value thereof, and of foreign Coin, 
and fix the Standard of Weights and Measures; 

t6] To provide for the Punishment of counterfeiting the Securities and 
current Coin of the United States; 

C7] To establish Post Offices and post Roads; 

[81 To promote the progress of .Science and useful Arts, by securing 
for limited Times to Authors and Inventors the exclusive Right to their 
respective Writings and Discoveries; 

[9] To constitute Tribunals inferior to the supreme Court; 

Il0] To define and punish Piracies and Felonies committed on the high 
Seas, and Offences against the Law of Nations; 

1111 To declare War, grant letters of Marque and Reprisal, and make 
Rules concerning Captures on Land and Water; 

[12] To raise and support Armies, but no Appropriation of Money to 
that Use shall be for a longer Term than Two Years; 

Il3] To provide and maintain a Navy; 

1141 To make Rules for the Government and Regulation of the land and 
naval Forces; 

[15] To provide for calling forth the Militia to execute the Laws of the 
Union, suppress Insurrections and repel Invasions; 

t161 To provide for organizing, arming, and disciplining, the Militia, 
and for governing such Part of them as may be employed in the Service 
of the United States, reserving to the States respectively, the Appointment 
of the Officers, and the Authority of training the Militia according to 
the Discipline prescribed by Congress; 








VI 


APPENDIX 


1171 To exercise exclusive Legislation in all Cases whatsoever, over such 
District (not exceeding ten Miles square) as may, by Cession of par¬ 
ticular States, and the Acceptance of Congress, become the Seat of the 
Government of the United States, and to exercise like Authority over all 
Places purchased by the Consent of the Legislature of the State in which 
the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock- 
Yards, and other needful Buildings;—And, 

[18] To make all Laws which shall be necessary and proper for carrying 
into Execution the foregoing Powers, and all other Powers vested by 
this Constitution in the Government of the United States, or in any 
Department or Officer thereof. 

Section 9. 111 The Migration or Importation of such Persons as any 
of the States now existing shall think proper to admit, shall not be pro¬ 
hibited by the Congress prior to the Year one thousand eight hundred 
and eight, but a Tax or Duty may be imposed on such Importation, not 
exceeding ten dollars for each Person. 

[2] The Privilege of the Writ of Habeas Corpus shall not be suspended, 
unless when in Cases of Rebellion or Invasion the public Safety may 
require it. 

[3] No Bill of Attainder or ex post facto Law shall be passed. 

[4] No Capitation, or other direct, Tax shall be laid, unless in Propor¬ 
tion to the Census or Enumeration herein before directed to be taken. 

[51 No Tax or Duty shall be laid on Articles exported from any State. 

[el No Preference shall be given by any Regulation of Commerce or 
Revenue to the Ports of one State over those of another: nor shall Vessels 
bound to, or from, one State, be obliged to enter, clear, or pay Duties in 
another. 

C7] No Money shall be drawn from the Treasury, but in Consequence 
of Appropriations made by Law; and a regular Statement and Account 
of the Receipts and Expenditures of all public Money shall be published 
from time to time. 

[81 No Title of Nobility shall be granted by the United States: And 
no Person holding any Office of Profit or Trust under them, shall, with¬ 
out the Consent of the Congress, accept of any present, Emolument, 
Office, or Title, of any kind whatever, from any King, Prince, or foreign 
State. 

Section 10. [1] No State shall enter into any Treaty, Alliance, or 
Confederation; grant Letters of Marque and Reprisal; coin Money; 




THE CONSTITUTION OF THE UNITED STATES v ii 

emit Bills of Credit; make any Thing but gold and silver Coin a Tender 
in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or 
Law impairing the Obligation of Contracts, or grant any Title of 
Nobility. 

[21 No State shall, without the consent of the Congress, lay any Imposts 
or Duties on Imports or Exports, except what may be absolutely neces¬ 
sary for executing it’s inspection Laws; and the net Produce of all Duties 
and Imposts, laid by any State on Imports or Exports, shall be for the 
Use of the Treasury of the United States; and all such Laws shall be 
subject to the Revision and Controul of the Congress. 

[31 No State shall, without the Consent of Congress, lay any Duty of 
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any 
Agreement or Compact with another State, or with a foreign Power, or 
engage in War, unless actually invaded, or in such imminent Danger 
as will not admit of Delay. 

ARTICLE II. 

Section 1 . m The executive Power shall be vested in a President 
of the United States of America. He shall hold his Office during the 
Term of four Years, and, together with the Vice President, chosen for 
the same Term, be elected, as follows 

[2] Each State shall appoint, in such Manner as the Legislature thereof 
may direct, a Number of Electors, equal to the whole Number of Senators 
and Representatives to which the State may be entitled in the Congress: 
but no Senator or Representative, or Person holding an Office of Trust 
or Profit under the United States, shall be appointed an Elector. 

* [3] The Electors shall meet in their respective States, and vote by 
Ballot for two Persons, of whom one at least shall not be an inhabitant 
of the same State with themselves. And they shall make a List of all 
the persons voted for, and of the Number of Votes for each; which List 
they shall sign and certify, and transmit sealed to the Seat of the Gov¬ 
ernment of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the Presence of the Senate and 
House of Representatives, open all the Certificates, and the Votes shall 
then be counted. The Person having the greatest Number of Votes shall 


* This clause has been superseded by the 12th amendment. 


Vlll 


APPENDIX 


be the President, if such Number be a Majority of the whole Number 
of Electors appointed; and if there be more than one who have such 
Majority and have an equal number of Votes, then the House of Repre¬ 
sentatives shall immediately chuse by Ballot one of them for President; 
and if no Person have a Majority, then from the five highest on the List 
the said House shall in like manner chuse the President. But in chusing 
the President, the Votes shall be taken by States, the Representation 
from each State having one Vote; a Quorum for this Purpose shall con¬ 
sist of a Member or Members from two thirds of the States, and a Major¬ 
ity of all the States shall be necessary to a choice. In every Case, after 
the Choice of the President, the Person having the greatest Number of 
Votes of the Electors shall be the Vice President. But if there should 
remain two or more who have equal Votes, the Senate shall chuse from 
them by Ballot the Vice President. 

t4] The Congress may determine the Time of chusing the Electors, 
and the Day on which they shall give their Votes; which Day shall be 
the same throughout the United States. 

[ 5i n 0 p erson except a natural born Citizen, or a Citizen of the United 
States, at the time of the Adoption of this Constitution, shall be eligible 
to the Office of President; neither shall any Person be eligible to that 
Office who shall not have attained to the Age of thirty five Years, and 
been fourteen Years a Resident within the United States. 

[61 In Case of the Removal of the President from Office, or of his 
Death, Resignation, or Inability to discharge the Powers and Duties of 
the said office, the same shall devolve on the Vice President, and the 
Congress may by Law provide for the Case of Removal, Death, Resig¬ 
nation, or Inability, both of the President and Vice President, declaring 
what Officer shall then act as President, and such Officer shall act 
accordingly, until the Disability be removed, or a President shall be 
elected. 

m The President shall, at stated Times, receive for his services, a Com¬ 
pensation, which shall neither be encreased nor diminished during the 
Period for which he shall have been elected, and he shall not receive 
within that Period any other Emolument from the United States, or any 
of them. 

[8 > Before he enter on the Execution of his Office, he shall take the 
following Oath or Affirmation:— 

“I do solemnly swear (or affirm) that I will faithfully execute the 


THE CONSTITUTION OF THE UNITED STATES i x 

“Office of President of the United States, and will to the best of mv 
“Ability, preserve, protect and defend the Constitution of the United 
“States.” 

Section 2. m The President shall be Commander in Chief of the 
Army and Navy of the United States, and of the Militia of the several 
States, when called into the actual Service of the United States; he may 
require the Opinion, in writing, of the principal Officer in each of the 
executive Departments, upon any Subject relating to the Duties of their 
respective Offices, and he shall have Power to grant Reprieves and 
Pardons for Offences against the United States, except in Cases of 
Impeachment. 

[2] He shall have Power, by and with the Advice and Consent of the 
Senate, to make Treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the Advice and Con¬ 
sent of the Senate, shall appoint Ambassadors, other public Ministers 
and Consuls, Judges of the supreme Court, and all other Officers of the 
United States, whose Appointments are not herein otherwise provided 
for, and which shall be established by Law: but the Congress may by 
Law vest the Appointment of such inferior Officers, as they think proper, 
in the President alone, in the Courts of Law, or in the Heads of Depart¬ 
ments. 

[3] The President shall have Power to fill up all Vacancies that may 
happen during the Recess of the Senate, by granting Commissions which 
shall expire at the End of their next Session. 

Section 3. He shall from time to time give to the Congress Informa¬ 
tion of the State of the Union, and recommend to their Consideration 
such Measures as he shall judge necessary and expedient; he may, on 
extraordinary Occasions, convene both Houses, or either of them, and 
in Case of Disagreement between them, with Respect to the time of 
Adjournment, he may adjourn them to such Time as he shall think 
proper; he shall receive Ambassadors and other public Ministers; he 
shall take Care that the Laws be faithfully executed, and shall Com¬ 
mission all the officers of the United States. 

Section 4. The President, Vice President and all civil Officers of 
the United States, shall be removed from Office on Impeachment for, 
and Conviction of, Treason, Bribery, or other high Crimes and Mis¬ 
demeanors. 








X 


APPENDIX 


ARTICLE III. 

Section 1 . The Judicial Power of the United States, shall be vested 
in one supreme Court, and in such inferior Courts as the Congress may 
from time to time ordain and establish. The Judges, both of the supreme 
and inferior Courts, shall hold their Offices during good Behavior, and 
shall, at stated Times, receive for their Services, a Compensation which 
shall not be diminished during their Continuance in Office. 

Section 2. [1] The Judicial Power shall extend to all Cases, in Law 
and Equity, arising under this Constitution, the Laws of the United 
States, and Treaties made, or which shall be made, under their Author¬ 
ity;—to all Cases affecting Ambassadors, other public Ministers and 
Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Con¬ 
troversies to which the United States shall be a Party;—to Controversies 
between two or more States;—between a State and Citizens of another 
State;—between Citizens of different States,—between Citizens of the 
same State claiming Lands under Grants of different States, and between 
a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 

[2] In all Cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be Party, the supreme Court 
shall have original Jurisdiction. In all the other Cases before mentioned, 
the supreme Court shall have appellate Jurisdiction, both as to Law 
and Fact, with such Exceptions, and under such Regulations as the 
Congress shall make. 

C3] The Trial of all Crimes, except in Cases of Impeachment, shall be 
by Jury; and such Trial shall be held in the State where the said Crimes 
shall have been committed; but when not committed within any State, 
the Trial shall be at such Place or Places as the Congress may by Law 
have directed. 

Section 3. Cl1 Treason against the United States, shall consist only 
in levying War against them, or in adhering to their Enemies, giving 
them Aid and Comfort. No Person shall be convicted of Treason unless 
on the Testimony of two Witnesses to the same overt Act, or on Con¬ 
fession in open Court. 

C2] The Congress shall have Power to declare the Punishment of 
Treason, but no Attainder of Treason shall work Corruption of Blood, 
or Forfeiture except during the Life of the Person attainted. 


THE CONSTITUTION OF THE UNITED STATES x [ 

ARTICLE IV. 

Section 1 . Full Faith and Credit shall be given in each State to 
the public Acts, Records, and judicial Proceedings of every other State. 
And the Congress may by general Laws prescribe the Manner in which 
such Acts, Records, and Proceedings shall be proved, and the Effect 
thereof. 

Section 2. Jl] The Citizens of each State shall be entitled to all 
Privileges and Immunities of Citizens in the several States. 

L2] A Person charged in any State with Treason, Felony, or other 
Crime, who shall flee from Justice, and be found in another State, shall 
on Demand of the executive Authority of the State from which he fled, 
be delivered up, to be removed to the State having Jurisdiction of the 
Crime. 

m No Person held to Service or Labour in one State, under the Laws 
thereof, escaping into another, shall in Consequence of any Law or 
Regulation therein, be discharged from such Service or Labour, but 
shall be delivered up on Claim of the Party to whom such Service or 
Labour may be due. 

Section 3. Cl] New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the Juris¬ 
diction of any other State; nor any State be formed by the Junction 
of two or more States, or Parts of States, without the Consent of the 
Legislatures of the States concerned as well as of the Congress. 

m The Congress shall have Power to dispose of and make all needful 
Rules and Regulations respecting the Territory or other Property belong¬ 
ing to the United States; and nothing in this Constitution shall be so 
construed as to Prejudice any Claims of the United States, or of any 
particular State. 

Section 4. The United States shall guarantee to every State in this 
I Union a Republican Form of Government, and shall protect each of 
them against Invasion, and on Application of the Legislature, or of the 
Executive (when the Legislature cannot be convened) against domestic 
Violence. 

ARTICLE V. 

The Congress, whenever two thirds of both Houses shall deem it 
necessary, shall propose Amendments to this Constitution, or, on the 
Application of the Legislatures of two thirds of the several States, shall 









Xll 


APPENDIX 


call a Convention for proposing Amendments, which, in either Case, 
shall be valid to all Intents and Purposes, as Part of this Constitution, 
when ratified by the Legislatures of three fourths of the several States, 
or by Conventions in three fourths thereof, as the one or the other Mode 
of Ratification may be proposed by the Congress; Provided that no 
Amendment which may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner affect the first and fourth Clauses 
in the Ninth Section of the first Article; and that no State, without its 
Consent, shall be deprived of its equal Suffrage in the Senate. 

ARTICLE VI. 

111 All Debts contracted and Engagements entered into, before the 
Adoption of this Constitution, shall be as valid against the United States 
under this Constitution, as under the Confederation. 

C2] This Constitution, and the Laws of the United States which shall 
be made in Pursuance thereof, and all Treaties made; or which shall 
be made, under the authority of the United States, shall be the supreme 
Law of the Land; and the Judges in every State shall be bound thereby, 
any Thing in the Constitution or Laws of any State to the Contrary 
notwithstanding. 

[3] The Senators and Representatives before mentioned, and the 
Members of the several State Legislatures, and all executive and judicial 
Officers, both of the United States and of the several States, shall be 
bound by Oath or Affirmation, to support this Constitution; bi^t no 
religious Test shall ever be required as a Qualification to any Office or 
public Trust under the United States. 

ARTICLE VII. 

The Ratification of the Conventions of nine States, shall be suffi¬ 
cient for the Establishment of this Constitution between the States so 
ratifying the Same. 

Done in Convention by Unanimous Consent of the States present 
the Seventeenth Day of September in the Year of our Lord one 
thousand seven hundred and Eighty seven and of the Independence 
of the United States of America the Twelfth. In Witness whereof 
We have hereunto subscribed our Names, 

G° WASHINGTON— 
Presidt and deputy from Virginia 


THE CONSTITUTION OF THE UNITED ST A TES x iii 

NEW HAMPSHIRE. 

John Langdon Nicholas Gilman 

MASSACHUSETTS. 

Nathaniel Gorham Rufus King 

CONNECTICUT. 

Roger Sherman 

NEW YORK. 

NEW JERSEY. 

David Brearley 
Jon a Dayton 

PENNSYLVANIA. 


B Franklin 

Thomas Mifflin 

Robt Morris 

Geo Clymer 

Tho Fitzsimons 

Jared Ingersoll 

James Wilson 

Gouv Morris 


DELAWARE. 

Geo Read 

Gunning Bedford, Jun’r 

John Dickinson 

Richard Bassett 

Jaco Broom 

MARYLAND. 

James M’ Henry 

Dan of St Thos Jenifer 

Danl Carroll 

VIRGINIA. 

John Blair 

James Madison, Jr 


NORTH CAROLINA. 

Rjch’d Dobbs Spaight 

SOUTH CAROLINA. 

Charles Cotesworth Pinckney 
Pierce Butler 

GEORGIA. 

William Few Abr Baldwin 

Attest: WILLIAM JACKSON, Secretary . 


Wm Blount 
Hu Williamson 

J Rutledge 
Charles Pinckney 


Wm Saml Johnson 
Alexander Hamilton 

Wil Livingston 
Wm Paterson 







XIV 


APPENDIX 


Articles in Addition to, and Amendment of, the Constitution 
of the United States of America, 

Proposed by Congress, and ratified by the Legislatures of the several 

States, 'pursuant to the fifth article of the original Constitution. 

(ARTICLE I.) 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assemble 
and to petition the Government for a redress of grievances. 

(ARTICLE II.) 

A well regulated Militia, being necessary to the security of a free State* 
the right of the people to keep and bear Arms, shall not be infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, without 
the consent of the Owner, nor in time of war, but in a manner to be 
prescribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, papers 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no Warrants shall issue, but upon probable cause, sup¬ 
ported by Oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except 
in cases arising in the land or naval forces, or in the Militia, when in 
actual service in time of War or public danger; nor shall any person be 
subject for the same offence to be twice put in jeopardy of life or limb; 
nor shall be compelled in any Criminal Case to be a witness against 
himself, nor be deprived of life, liberty, or property, without due process 
of law; nor shall private property be taken for public use, without just 
compensation. 





THE CONSTITUTION OF THE UNITED STATES 


xv 


(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have Compulsory process for obtaining Witnesses in his favour, 
and to have the Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall exceea 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any Court of the United 
States, than according to the rules of the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

(ARTICLE X.) 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the States, are reserved to the States respectively 
or to the people. 

(ARTICLE XI.) 

The Judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by Citizens of another State, or by Citizens 
or Subjects of any Foreign State. 

(ARTICLE XII.) 

The Electors shall meet in their respective states, and vote by ballot 
for President and Vice-President, one of whom, at least, shall not be 





XVI 


APPENDIX 


an inhabitant of the same state with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice-President, and they shall make distinct 
lists of all persons voted for as President, and of all persons voted for as 
Vice-President, and of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the seat of the govern¬ 
ment of the United States, directed to the President of the Senate;— 
The President of the Senate shall, in presence of the Senate and House 
of Representatives, open all the certificates and the votes shall then be 
counted;—The person having the greatest number of votes for President, 
shall be the President, if such number be a majority of the whole number 
of Electors appointed; and if no person have such majority, then from 
the persons having the highest numbers not exceeding three on the list 
of those voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by states, the representation from 
each state having one vote; a quorum for this purpose shall consist of 
a member or members from two-thirds of the states, and a majority 
of all the states shall be necessary to a choice. And if the Plouse of 
Representatives shall not choose a President whenever the right of 
choice shall devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the President.—The 
person having the greatest number of votes as Vice-President, shall be 
the Vice-President, if such number be a majority of the whole number 
of Electors appointed, and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall choose the Vice-Presi¬ 
dent; a quorum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President of the United 
States. 

(ARTICLE XIII.) 

Section 1. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by appro¬ 
priate legislation. 


THE CONSTITUTION OF THE UNITED STATES 


xvn 


(ARTICLE XIV.) 

Section 1 . All persons bom or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States, and 
of the State wherein they reside. No State shall make or enforce any 
law which shall abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of life, liberty, or 
property without due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the several 
States, according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of electors for 
president and vice-president of the United States, representatives in 
Congress, the executive and judicial officers of a State, or the members 
of the legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other 
crimes, the basis of representation shall be reduced in the proportion 
which the number of such male citizens shall bear to the whole number 
of male citizens, twenty-one years of age, in such State. 

Sect. 3. No person shall be a senator or representative in Congress 
or elector of president or vice-president, or hold any office, civil or military 
under the United States or under any State, who having previously 
taken an oath as a member of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an executive or 
judicial officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, 
: or given aid or comfort to the enemies thereof. But Congress may by 
a vote of two-thirds of each house remove such disability. 

Sect. 4. The validity of the public debt of the United States, author¬ 
ized by law, including debts incurred for payment of pensions and 
: bounties for services in suppressing insurrection or rebellion, shall not 
i be questioned. But neither the United States, nor any State, shall 
, assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, and claims shall bo 
held illegal and void. 

14 









xviii APPENDIX 

Sect. 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article 

(ARTICLE XV.) 

Section 1 . The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any State, op 
account of race, color, or previous condition of servitude. 

Sect. 2. The Congress shall have power to enforce this article by 
appropriate legislation. 


LAW OF SUCCESSION TO THE PRESIDENCY. 


An act to provide for the performance of the duties of the office of President 
in case of the removal, death, resignation, or inability both of the Presi¬ 
dent and Vice-President. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in case of removal, death, 
resignation, or inability of both the President and Vice-President of 
the United States, the Secretary of State, or if there be none, or in case 
of his removal, death, resignation, or inability, then the Secretary of 
the Treasury, or if there be none, or in case of his removal, death, resig¬ 
nation, or inability, then the Secretary of War, or if there be none, or 
in case of his removal, death, resignation, or inability, then the Attorney- 
General, or if there be none, or in case of his removal, death, resignation, 
or inability, then the Postmaster-General, or if there be none, or in case 
of his removal, death, resignation, or inability, then the Secretary of 
the Navy, or if there be none, or in case of his removal, death, resig¬ 
nation, or inability, then the Secretary of the Interior, shall act as 
President until the disability of the President or Vice-President is 
removed or a President shall be elected: Provided, That whenever the 
powers and duties of the office of President of the United States shall 
devolve upon any of the persons named herein, if Congress be not then 
in session, or if it would not meet in accordance with law within twenty 
days thereafter, it shall be the duty of the person upon whom said powers 
and duties shall devolve to issue a proclamation convening Congress 
in extraordinary session, giving twenty days’ notice of the time of meet¬ 
ing. 

Sec. 2. That the preceding section shall only be held to describe and 
apply to such officers as shall have been appointed by the advice and 
consent of the Senate to the offices therein named, and such as are 
eligible to the office of President under the Constitution, and not under 
18 (xix) 






XX 


APPENDIX 


impeachment by the House of Representatives of the United States 
at the time the powers and duties of the office shall devolve upon them 
respectively. 

Sec. 3. That sections one hundred and forty-six, one hundred and 
forty-seven, one hundred and forty-eight, one hundred and forty-nine, 
and one hundred and fifty of the Revised Statues are hereby repealed. 


Approved, January 19,18fc6. 


ELECTORAL COUNT BILL. 


Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the electors of each State 
shall meet and give their votes on the second Monday in January next 
following their appointment, at such place in each State as the legislature 
of such State shall direct. 

Sec. 2. That if any State shall have provided, by laws enacted prior 
to the day fixed for the appointment of the electors, for its final determina¬ 
tion of any controversy or contest concerning the appointment of all 
or any of the electors of such State, by judicial or other methods or 
procedures, and such determination shall have been made at least six 
days before the time fixed for the meeting of the electors,^uch determina¬ 
tion made pursuant to such law so existing on said day, and made at 
least six days prior to the said time of meeting of the electors, shall be 
conclusive, and shall govern in the counting of the electoral votes as pro¬ 
vided in the Constitution, and as hereinafter regulated, so far as the 
ascertainment of the electors appointed by such State is concerned. 

Sec. 3. That it shall be the duty of the executive of each State, as 
soon as practicable after the conclusion of the appointment of electors 
in such State, by the final ascertainment under and in pursuance of the 
laws of such State providing for such ascertainment, to communicate, 
under the seal of the State, to the Secretary of State of the United States, 
a certificate of such ascertainment of the electors appointed, setting forth 
the names of such electors and the canvass or other ascertainment under 
the laws of such State of the number of votes given or cast for each 
person for whose appointment any and all votes have been given or cast; 
and it shall also thereupon be the duty of the executive of each State to 
deliver to the electors of such State, on or before the day on which they 
are required by the preceding section to meet, the same certificate in 
triplicate, under the seal of the State; and such certificate shall be 
inclosed and transmitted by the electors at the same time and in the 
same manner as is provided by law for transmitting by such electors to 

(xxi) 








xxu 


APPENDIX 


the seat of Government the lists of all persons voted for as President and 
of all persons voted for as Vice-President; and section one hundred and 
thirty-six of the Revised Statutes is hereby repealed; and if there shall 
have been any final determination in a State of a controversy or contest 
as provided for in section two of this act, it shall be the duty of the 
executive of such State, as soon as practicable after such determination, 
to communicate, under the seal of the State, to the Secretary of State of 
the United States, a certificate of such determination in form and manner 
as the same shall have been made; and the Secretary of State of the 
United States, as soon as practicable after the receipt at the State 
Department of each of the certificates hereinbefore directed to be trans¬ 
mitted to the Secretary of State, shall publish, in such public newspaper 
as he shall designate, such certificates in full; and at the first meeting 
of Congress thereafter he shall transmit to the two Houses of Congress 
copies in full of each and every such certificate so received theretofore 
at the State Department. 

Sec. 4. That Congress shall be in session on the second Wednesday 
in February succeeding every meeting of the electors. The Senate and 
House of Representatives shall meet in the Hall of the House of Repre¬ 
sentatives at the hour of one o’clock in the afternoon on that day, and 
the President of the Senate shall be their presiding officer. Two tellers 
shall be previously appointed on the part of the Senate and two on the 
part of the House of Representatives, to whom shall be handed, as they 
are opened by the President of the Senate, all the certificates and papers 
purporting to be certificates of the electoral votes, which certificates 
and papers shall be opened, presented, and acted upon in the alpha¬ 
betical order of the States, beginning with the letter A; and said tellers, 
having then read the same in the presence and hearing of the two Houses 
shall make a list of the votes as they shall appear from the said certifi¬ 
cates; and the votes having been ascertained and counted in the manner 
and according to the rules in this act provided, the result of the same 
shall be delivered to the President of the Senate, who shall thereupon 
announce the state of the vote, which announcement shall be deemed a 
sufficient declaration of the persons, if any, elected President and Vice- 
President of the United States, and, together with a list of the votes, 
be entered on the Journals of the two Houses. Upon such reading of 
any such certificate or paper, the President of the Senate shall call for 
objections, if any. Every objection shall be made in writing, and shall 


ELECTORAL COUNT BILL 


XXlli 


state clearly and concisely, and without argument, the ground thereof, 
and shall be signed by at least one Senator and one Member of the 
House of Representatives before the same shall be received. When all 
objections so made to any vote or paper from a State shall have been 
received and read, the Senate shall thereupon withdraw, and such 
objections shall be submitted to the Senate for its decision; and the 
Speaker of the House of Representatives shall, in like manner, submit 
such objections to the House of Representatives for its decision; and 
no electoral vote or votes from any State which shall have been regularly 
given by electors whose appointment has been lawfully certified to 
according to section three of this act from which but one return has 
been received shall be rejected, but the two Houses concurrently may 
reject the vote or votes when they agree that such vote or votes have 
not been so regularly given by electors whose appointment has been so 
certified. If more than one return or paper purporting to be a return 
from a State shall have been received by the President of the Senate, 
those votes, and those only, shall be counted which shall have been 
regularly given by the electors who are shown by the determination 
mentioned in section two of this act to have been appointed, if the 
determination in said section provided for shall have been made, or 
by such successors or substitutes, in case of a vacancy in the board of 
electors so ascertained, as have been appointed to fill such vacancy 
in the mode provided by the laws of the State; but in case there shall 
arise the question which of two or more of such State authorities deter¬ 
mining what electors have been appointed, as mentioned in section two 
of this act, is the lawful tribunal of such State, the votes regularly given 
of those electors, and those only, of such State shall be counted whose 
title as electors the two Houses, acting separately, shall concurrently 
decide is supported by the decision of such State so authorized by its 
laws; and in such case of more than one return or paper purporting 
to be a return from a State, if there shall have been no such determina¬ 
tion of the question in the State aforesaid, then those votes, and those 
only, shall be counted which the two Houses shall concurrently decide 
were cast by lawful electors appointed in accordance with the laws of 
the State, unless the two Houses, acting separately, shall concurrently 
decide such votes not to be the lawful votes of the legally appointed 
electors of such State. But if the two Houses shall disagree in respect 
of the counting of such votes, then, and in that case, the votes of the 


XXIV 


APPENDIX 


electors whose appointment shall have been certified by the Executive 
of the State, under the seal thereof, shall be counted. When the two 
Houses have voted, they shall immediately again meet, and the presid¬ 
ing officer shall then announce the decision of the questions submitted.. 
No votes or papers from any other State shall be acted upon until the 
objections previously made to the votes or papers from any State shall 
have been finally disposed of. 

Sec. 5. That while the two Houses Shall be in meeting as provided 
in this act the President of the Senate shall have power to preserve 
order; and no debate shall be allowed and no question shall be put by 
the presiding officer except to either House on a motion to withdraw. 

Sec. 6. That when the two Houses separate to decide upon an 
objection that may have been made to the counting of any electoral 
vote or votes from any State, or other question arising in the matter, 
each Senator and Representative may speak to such objection or ques¬ 
tion five minutes, and not more than once; but after such debate shall 
have lasted two hours it shall be the duty of the presiding officer of each 
House to put the main question without further debate. 

Sec. 7. That at such joint meeting of the two Houses seats shall be 
provided as follows: For the President of the Senate, the Speaker’s 
chair; for the Speaker, immediately upon his left; the Senators, in the 
body of the Hall upon the right of the presiding officer; for the Repre¬ 
sentatives, in the body of the Hall not provided for the Senators; for 
the tellers, Secretary of the Senate, and Clerk of the House of Repre¬ 
sentatives, at the Clerk’s desk; for the other officers of the two Houses, 
in front of the Clerk’s desk and upon each side of the Speaker’s platform. 
Such joint meeting shall not be dissolved until the count of electoral 
votes shall be completed and the result declared; and no recess shall be 
taken unless a question shall have arisen in regard to counting any such 
votes, or otherwise under this act, in which case it shall be competent 
for either House, acting separately, in the manner hereinbefore provided 
to direct a recess of such House not beyond the next calendar day, 
Sunday excepted, at the hour of ten o’clock in the forenoon. But if the 
counting of the electoral votes and the declaration of the result shall not 
have been completed before the fifth calendar day next after such firs) 
meeting of the two Houses, no further or other recess shall be taken bj 
either House. 


Approved, February 3, 1887. 


DECLARATION OF INDEPENDENCE. 


When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the powers of the earth, the separate 
and equal station to which the laws of nature and of nature’s God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are created equal; 
that they are endowed by their Creator with certain inalienable rights; 
that among these are life, liberty, and the pursuit of happiness. That, 
to secure these rights, governments are instituted among men deriving 
their just powers from the consent of the governed; and that, whenever 
any form of government becomes destructive of. these ends, it is the 
right of the people to alter or abolish it, and to institute new govern¬ 
ment, laying its foundations on such principles, and organizing its 
powers in such form, as to them shall seem most likely to effect their 
safety and happiness. Prudence, indeed, will dictate that governments, 
long established, should not be changed for light and transient causes; 
and, accordingly, all experience hath shown, that mankind are more 
disposed to suffer, w r hile evils are sufferable, than to right themselves 
by abolishing the forms to which they are accustomed. But, when a 
long train of abuses and usurpations, pursuing invariably the same 
object, evinces a design to reduce them under absolute despotism, it is 
their right, it is their duty, to throw off such government, and to provide 
new guards for their future security. Such has been the patient suffer¬ 
ance of the colonies, and such is now the necessity which constrains 
them to alter their former systems of government. The history of the 
present king of Great Britain is a history of repeated injuries and usur¬ 
pations, all having, in direct object, the establishment of an absolute 
tyranny over these states. To prove this, let facts be submitted to a 
candid world: 


(xxv) 




XXVI 


APPENDIX 


He has refused his assent to laws the most wholesome and necessary 
for the public good. 

He has forbidden his governors to pass laws of immediate and press¬ 
ing importance, unless suspended in their operations till his assent 
should be obtained; and, when so suspended, he has utterly neglected 
to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people -would relinquish the right of 
representation in the legislature—a right inestimable to them, and 
formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncom¬ 
fortable, and distant from the repository of their public records, for the 
sole purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing with 
manly firmness his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihilation, 
have returned to the people at large for their exercise; the state remain¬ 
ing, in the meantime, exposed to all the dangers of invasion from without, 
and convulsions within. 

He has endeavored to prevent the population of these states; for that 
purpose, obstructing the laws of naturalization of foreigners, refusing 
to pass others to encourage their migration thither, and raising the con¬ 
ditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent 
to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of their 
offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people, and eat out their substance. 

He has kept among us in time of peace, standing armies, without the 
consent of our legislatures. 

He has affected to render the military independent of, and superior 
to, the civil power. 

He has combined, with others, to subject us to a jurisdiction foreign 
to our constitution, and unacknowledged by our laws; giving his assent 
to their acts of pretended legislation. 

For quartering large bodies of armed troops among us. 


DECLARATION OF INDEPENDENCE 


xxvii 


For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these states. 

For cutting off our trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefit of trial by jury. 

For transporting us beyond seas, to be tried for pretended offences. 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlarging 
its boundaries so as to render it at once an example and fit instrument' 
for introducing the same absolute rule into these colonies. 

For taking away our charters, abolishing our most valuable laws, and 
altering, fundamentally, the forms of our governments. 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his pro¬ 
tection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and 
destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation, and tyranny, already begun, 
with circumstances of cruelty and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers the merciless Indian savages, 
whose known rule of wafare is an undistinguished destruction of all 
ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for redress 
in the most humble terms. Our repeated petitions have been answered 
only by repeated injuries. A prince, whose character is thus marked 
by every act which may define a tyrant, is unfit to be the ruler of a free 
people. 

Nor have we been wanting in attention to our British brethren. We 
have warned them, from time to time, of the attempts by their 
legislature, to extend an unwarrantable jurisdiction over us. We have 
reminded them of the circumstances of our emigration and settlement 










XXV111 


APPENDIX 


here. We have appealed to their native justice and magnanimity, and 
we have conjured them, by the ties of our common kindred, to disavow 
these usurpations, which would inevitably interrupt our connections and 
correspondence. They, too, have been deaf to the voice of justice and of 
consanguinity. We must, therefore, acquiesce in the necessity which 
denounces our separation, and hold them as we hold the rest of man¬ 
kind, enemies in war, in peace, friends. 

We, therefore, the Representatives of the United States of America, 
in General Congress assembled, appealing to the Supreme Judge of the 
world for the rectitude of our intentions, do, in the name and by the 
authority of the good people of these colonies, solemnly publish and 
declare that these United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from all allegiance to 
the British crown, and that all political connection between them and 
the state of Great Britian is, and ought to be, totally dissolved; and that, 
as free and independent States, they have full power to levy war, con¬ 
clude peace, contract alliances, establish commerce, and do all other 
acts and things which independent States may of right do. And, for 
the support of this declaration, with a firm reliance on the protection of 
Divine Providence, we mutually pledge to each other our lives, our for¬ 
tunes, and our sacred honor. 

The foregoing declaration was, by order of Congress, engrossed, and 
signed by the following members: 


JOHN HANCOCK. 


New Hampshire. 

Josiah Bartlett, William Whipple, 

Matthew Thornton. 


Samuel Adams, 
John Adams, 


Stephen Hopkins, 


Massachusetts Bay. 

Robert Treat Paine, 
Elbridge Gerry. 

Rhode Island. 

William Ellery. 


Connecticut. 

Roger Sherman, William Williams, 

Samuel Huntington, Oliver Wolcott. 





DECLARATION OF INDEPENDENCE 


XXIX 


William Floyd, 
Phh.jp Livingston, 

New York. 

Francis Lewis, 

Lewis Morris. 

New Jersey. 


Richard Stockton, Francis Hopkinson, 

John Witherspoon, John Hart, 

Abraham Clark. 

Pennsylvania. 


Robert Morris, 
Benjamin Rush, 

George Clymer, 

James Smith, 


Benjamin Franklin, George Taylor, 

John Morton, James Wilson, 

George Ross. 

Delaware. 

Caesar Rodney George Read, 

Thomas M’Kean. 

Maryland. 


Samuel Chase, 
William Paca, 

Thomas Stone, 

Charles Carroll, of Carrollton. 

George Wythe, 

V irginia. 

Benjamin Harrison, 


Richard Henry Lee, Thomas Nelson, Jr., 

Thomas Jefferson, Francis Lightfoot Lee, 

Carter Braxton. 

North Carolina. 


William Hooper, 

Joseph Hewes, 

John Penn. 

Edward Rutledge, 

South Carolina. 

Thomas Lynch, Jr., 


Thomas Heyward, Jr., Arthur Middleton. 

Georgia. 

Button Gwinnett, Lyman Hall, 

George Walton. 








%xx 


APPENDIX 


Presidents of the United States. 


Inaugu¬ 

rated. 

Name. 

Politics. 

State. 

Born. 

Died. 

Term of service. 

1789 

George Washington, 

Fed. 

Va. 

1732 

1799 

8 

yrs. 

1797 

John Adams, 

Fed. 

Mass. 

1735 

1826 

4 

yrs. 

1801 

Thomas Jefferson, 

Rep. 

Va. 

1743 

1826 

8 

yrs. 

1809 

James Madison, 

Rep. 

Va. 

1751 

1836 

8 

yrs. 

1817 

James Monroe, 

Rep. 

Va. 

1758 

1831 

8 

yrs. 

1825 

John Quincy Adams, 

Rep. 

Mass. 

1767 

1848 

4 

yrs. 

1829 

Andrew Jackson, 

Dem. 

Tenn. 

1767 

1845 

8 

yrs. 

1837 

Martin Van Buren, 

Dem. 

N. Y. 

1782 

1862 

4 

yrs. 

1841 

William Henry Harrison, 1 

Whig 

Ohio 

1773 

1841 

1 

month. 

1841 

John Tyler, 

Dem. 

Va. 

1790 

1862 

3 

yrs. 11 mos. 

1845 

James Knox Polk, 

Dem. 

Tenn. 

1795 

1849 

4 

yrs. 

1849 

Zachary Taylor, 2 

Whig 

La. 

1781 

1850 

1 

yr. 4 mos. 5 d. 

1850 

Millard Fillmore, 

Whig 

N. Y. 

1800 

1874 

2 

yrs. 7 mos. 26 d. 

1853 

Franklin Pierce, 

Dem. 

N. H. 

1804 

1869 

4 

yrs. 

1857 

James Buchanan, 

Dem. 

Pa. 

1791 

1868 

4 

yrs. 

1861 

Abraham Lincoln, 3 

Rep. 

Ill. 

1809 

1365 

4 

yrs. 1 mos. 10 d l 

1865 

Andrew Johnson, 

Rep. 

Tenn. 

1808 

1875 

3 

yrs. 10 mos, 20 d 

1869 

Ulysses S. Grant, 

Rep. 

Ill. 

1822 

1885 

8 

yrs. 

1877 

Rutherford B. Hayes, 

Rep. 

Ohio. 

1822 

1893 

4 

yrs. 

1881 

James A. Garfield, 4 

Rep. 

Ohio. 

1831 

1881 

6 

mos. 15 d. 

1881 

Chester A. Arthur, 

Rep. 

N. Y. 

1830 

1886 

3 

yrs. 5 mos. 15 d. 

1885 

Grover Cleveland, 

Dem. 

N. Y. 

1837 


4 

yrs. 

1889 

Benjamin Harrison, 

Rep. 

Ind. 

1833 

1901 

4 

yrs. 

1893 

Grover Cleveland, 

Dem. 

N. Y. 

1K37 


4 

yrs. 

1897 

1901 

William McKinley, 5 
Theodore Roosevelt, 

Rep. 

Rep. 

Ohio. 

N. Y. 

1843 

1858 

1901 

4 

yrs. 6 mos. 10 d. 


1 Died in office, April 4,1841, when Vice-President Tyler succeeded him, taking the 
oath of office April 6, 1841. 

2 Died in office, July 9,1850, when Vice-President Fillmore succeeded him, taking 
the oath of office July 10,1850. 

8 Assassinated April 14,1865, when Vice-President Johnson succeeded him, taking 
the oath of office April 15,1865. 

4 Assassinated July 2,1881, and died September 19,1881, when Vice-President Arthur 
succeeded him, taking the oath of office at New York, September 20,1881, and again 
formally at Washington, September 22,1881. 

8 Assassinated September 6, 1901, and died September 14, 1901. Vice-President 
Roosevelt succeeded him, taking the oath of office at Buffalo, N. Y., on September 14, 
1901. 
























VICE-PRESIDENTS AND CHIEF JUSTICES 


xxxi 


Vice-Presidents of the United States. 


Inaugu¬ 

rated. 

Name. 

Politics. 

State. 

Born. 

Died. 

Term of service. 

1789 

John Adams, 

Fed. 

Mass. 

1735 

1826 

8 

yrs. 

1797 

Thomas Jefierson, 

Rep. 

Va 

1743 

1826 

4 

yrs. 

1801 

Aaron Burr, 

Rep. 

N. Y. 

1756 

1836 

4 

yrs. 

1805 

George Clinton, 1 

Rep. 

N Y. 

1739 

1812 

7 

yrs. 1 mo. 16 d. 

1813 

Elbridge Gerry, 1 

Rep. 

Mass. 

1744 

1814 

1 

yr. 8 mos. 19 d. 

1817 

Daniel D. Tomkins, 

Rep. 

N. Y. 

1774 

1825 

8 

yrs. 

1825 

John C. Calhoun, 2 

Rep. 

S. C 

1782 

1850 

7 

yrs. 9 mos. 24 d. 

1833 

Martin Van Buren, 

Dem. 

N. Y. 

1782 

1862 

4 

yrs. 

1837 

Richard M. Johnson, 

Dem. 

Ky. 

1780 

1850 

4 

yrs. 

1841 

John Tyler, 3 

Dem. 

Va. 

1790 

1862 

1 

month. 

1845 

George M. Dallas, 

Dem. 

Pa. 

1792 

1864 

4 

yrs. 

1849 

Millard Fillmore, 4 

Whig 

N. Y. 

1800 

1874 

1 

yr. 4 mos. 4 d. 

1853 

Wiliiam R. King, 1 

Dem. 

Ala. 

1786 

1853 

1 

mo. 14 d. 

1857 

John C. Breckenridge, 

Dem. 

Ky. 

182 L 

1875 

4 

yrs. 

1861 

Hannibal Hamlin, 

Rep. 

Me. 

1809 

1891 

4 

yrs. 

1865 

Andrew Johnson, 5 6 

Rep. 

Tenn. 

1808 

1875 

1 

mo. 11 d. 

1869 

Schuyler Colfax, 

Rep. 

Ind. 

1823 

1885 

4 

vrs. 

1873 

Henry Wilson, 1 

Rep. 

Mass. 

1812 

1875 

2 

vrs. 8 mos. 18 d. 

1877 

William A. Wheeler, 

Rep. 

N. Y. 

1819 

1887 

4 

yrs. 

1881 

Chester A. Arthur, 0 

Rep. 

N. Y. 

1830 

1886 

6 

mos. 15 d. 

1885 

Thomas A. Hendricks, 1 

Dem. 

Ind. 

1819 

1885 

8 

mos. 21 d. 

1889 

Levi P. Morton, 

Rep. 

N. Y. 

1824 


4 

yrs. 

1893 

Adlai E. Stevenson, 

Dem. 

Ill. 

1835 


4 

yrs. 

1897 

Garret A. Hobart, 1 

Rep. 

N. J. 

1844 

1899 

2 

yrs. 8 mos. 17 d. 

1901 

Theodore Roosevelt, 7 

Rep. 

N. Y. 

1858 


6 

mos. 10 d. 

1905 

Charles W. Fairbanks, 

Rep. 

Ind. 

1852 





Chief Justices of the United States Supreme Court. 


Term of service. 

Name. 

State. 

Born. 

Died. 

1789-1795 . 

John Jay, 

New York, 

1745 

1829 

1795-1795 . 

John Rutledge, 

South Carolina, 

1739 

1800 

1796-1800 . 

Oliver Ellsworth, 

Connecticut, 

1745 

1807 

1801-1835 . 

John Marshall, 

Virginia, 

1755 

1835 

1836-1864 . 

Roger B. Taney, 

Maryland, 

1777 

1864 

1864-1873 . 

Salmon P. Chase, 

Ohio, 

1808 

1873 

1874-1888 . 

Morrison R. Waite, 

Ohio, 

1816 

1888 

1888 

Melville W. Fuller, 

Illinois, 

1833 



1 Died in office. 

2 Resigned December 28,1832. 

3 Became President by death of Harrison. 

4 Became President by death of Taylor. 

6 Became President by death of Lincoln. 

6 Became President by death of Garfield. 

7 Became President by death of McKinley. 











































INDEX. 


Acts, public, of one State valid 
in others, 158. 

Adams, J. Q., chosen President by- 
House of Representatives, 116. 

Admiralty suits go to U. S. courts, 
150. 

Ad valorem duties, 60. 

Agriculture, Secretary of, and suc¬ 
cession to Presidency, 124; pow¬ 
ers and duties of, 141; usefulness 
of, 141. 

Altgeld, Governor, and the Chicago 
riots, 165. 

Ambassadors, how appointed, 128; 
duties of, 131; nations sending 
and receiving them, 131; re¬ 
ceived by President, 135; suits 
affecting, go to U. S. courts, 149, 
150; suits affecting, begin in 
supreme court, 152; not subject 
to jurisdiction of U. S., 185. 

Amendments to Constitution, how 
made, 166-168; how proposed, 
166; how ratified, 167; parts of 
Constitution unamendable, 167, 
168; need not be approved by 
President, 168; difficulty of mak¬ 
ing, 173; first ten amendments 
a bill of rights, 173; first ten 
amendments do not apply to 
states, 173; thirteen amend¬ 
ments made, 174-190. 

Annapolis, convention of, 1786, 18; 
naval academy at, 86. 

Appellate jurisdiction of U. S. 
courts, 152. 

Appropriations, committees on, 53; 
bills begin in House, 53. 

15 


Arkansas, voting qualifications in, 
187. 

Arms, people have right to keep, 
175. 

Army of the United States main¬ 
tained by Congress, 82; small 
compared with armies of other 
countries, 80; organization and 
officers of, 82, 83; appropriations 
for, made each year, 84; rules 
and punishments in, 86; officers 
not impeachable, 42; States can¬ 
not maintain armies, 106; stand¬ 
ing, opposition to, 175. 

Arthur, Vice-President, and Gar¬ 
field’s disability, 123. 

Attainder, bill of, definition of, 
95; Congress cannot pass, 95; 
States cannot pass, 101, 104. 

Attainder of treason, 155. 

Attorney-general, order of succes¬ 
sion to Presidency, 124; powers 
and duties of, 139. 

Australian ballot laws, 205. 


Bail, purpose of, 181; excessive bail 
forbidden in U. S. courts, 181. 

Bankrupt, definition of, 67; law, 
may be passed only by Congress, 
67. 

Bill of attainder, definition of, 95; 
Congress cannot pass, 95; States 
cannot pass, 101, 104. 

Bill of rights in first ten amend¬ 
ments, 173. 

Bonds of the United States, 63. 

Boroughs in the United States, 203. 

(xxxiii) 









XXXIV 


INDEX 


Burr, Aaron, and the Presidential 
election of 1800, 117. 


Cabinet, members of, could not 
be Congressmen, 51; may suc¬ 
ceed to Presidency in order, 124; 
their relation to the President, 
128; origin of, 137; duties and 
powers of, 137-142; meetings, 
137. 

Capital crime defined, 177. 

Carter, Senator, talks river and 
harbor bill to death, 57. 

Chicago riots suppressed by Presi¬ 
dent Cleveland, 165. 

Chief Justice presides at impeach¬ 
ment trial of President, 40; 
administers inaugural oath to 
President, 126. 

Chief Justices of supreme court, 
list of, appendix xxxi 

Church, state, forbidden in the 
United States, 174; in other 
countries, 174. 

Chinese cannot be naturalized, 67, 
185; children bom here are 
citizens, 185. 

Circuit court of appeals, 145, 
146. 

Circuit courts of the United States, 
144, 146. 

Cities, powers and organization of, 
202; problem of government of, 
202; growth of in the United 
States, 202. 

Citizens of one entitled to rights of 
citizens of other States, 159; 
rights of, 185. 

Citizenship defined in fourteenth 
amendment, 185. 

Civil service reform, 132; number 
of officials under, 133; com¬ 
missioners, 143. 

Civil suits in the United States 
courts, 180. 

Civil war, amendments to Consti¬ 
tution resulting from, 184. 

Clearing ships, 98. 

Cleveland appointed Senator Ran¬ 
som minister to Mexico, 50; did 


not sign Wilson tariff bill, 53; 
had majority vote, but defeated, 
in 1888, 110; suppresses Chicago 
riots, 165. 

Coasting trade, only American 
ships in it, 98. 

Code, Napoleon, basis of laws of 
Louisiana, 157. 

Coins, kinds and materials of, 69, 
70; subsidiary, 70. 

Colonies, early government of, 13, 
14; with royal governments, 13; 
with charter governments, 14; 
with proprietary governments, 
14. 

Commerce controlled by national 
government, 64; interstate, 64; 
with Indian tribes, 66. 

Commerce and labor, Secretary of, 
and succession to Presidency, 
124; powers and duty of, 142. 

Commissioners, United States, 145. 

Committees of Congress 51, 52, 56. 

Common law, origin of, 156; basis 
of laws in the United States, 
156, 157; verdicts of juries, 180. 

Compromises of the Constitution, 
first, 29, 32; second, 99; third, 92. 

Confederate debt must never be 
paid, 188; leaders, political dis¬ 
ability of, 187; disability re¬ 
moved, 188. 

Confederation, articles of, adopted, 
16; weakness of, 16. 

Congress of 1774, 15. 

Congress, continental, formed 1775, 
15; weakness of, 16. 

Congress, national, two houses of, 
23; meets annually, 43, 44; long 
and short sessions, 44; known 
by its number, 44; majority a 
quorum in each house, 45; 
punishments in, 46; sessions are 
public, 47; pay of members, 48; 
members free from arrest, 49; 
members debarred from certain 
offices, 50; cannot also hold 
U. S. office, 51; powers of 
Congress alone, 58; powers of, 
59; implied and delegated powers 
of, 90; powers forbidden to, 92; 



INDEX 


XXXV 


members not officers of U. S., 
Ill; President may call special 
sessions of, 135; has power to ad¬ 
mit new States, 161; establishes 
government of territories, 162. 

Congressmen-at-large, occasion for, 
30. 

Connecticut, early government, 14; 
cedes western land to govern¬ 
ment, 163; voting qualifications 
in, 187. 

Constitution of the United States, 
first steps toward, 18; conven¬ 
tion which framed, 18; difficulty 
in ratification, 19; how amended, 
166-168 ;parts unamendable,167, 
168; ratification of, 171; to be 
supreme in States, 169. 

Constitutions of the States, how 
made, 196. 

Constitution, text of, appendix i. 

Consuls, how appointed, 128; 
duties of, 131. 

Contraband of war, 82. 

Contracts, obligations of, States 
cannot impair, 101, 104; Con¬ 
gress may impair, 105. 

Copyrights, purpose of, 75; how 
obtained, 78; cost, 78; interna¬ 
tional copyright, 78. 

Corporations, bureau of, 142. 

Councils of cities, 202. 

Counterfeiting, punished by United 
States laws, 74; passing counter¬ 
feit money punishable by State 
laws, 74. 

Counties, government of, 201. 

Courts, United States, inefficiency 
of, under confederation, 16; su¬ 
preme court, 144, 147; district 
courts, 144, 145; circuit courts, 

144, 146; circuit court of appeals 

145, 146; court of claims, 147, 
148; territorial courts, 148; 
jurisdiction of, 149-152; equity 
courts, 150; original and appel¬ 
late jurisdiction of, 152; trials of 
crimes in to be by juries, 153. 

Courts in the States, 199. 

Crime, capital, defined, 177; in¬ 
famous, defined, 177. 


Criminals, fleeing from a State to 
be returned, 159; safeguards for, 
177; trials, 178. 

Critical period in American history, 


Debt of the United States, 63 ; 
must never be repudiated, 188. 

Debts of Continental Congress to 
be paid, 169. 

Declaration of Independence, ap¬ 
pendix xxv. 

Declaration of Independence, is¬ 
sued, 15. 

Delaware, early government, 14; 
practically possesses strip of 
Pennsylvania, 162. 

Delegated powers of Congress, 90. 

Delegates from territories, how 
chosen, 162; powers of, 162. 

Democratic party favors a low 
tariff, 61; the strict constitu¬ 
tionalist party, 91; in the States, 
205. 

Departments of government,three, 
21; not always separable, 22. 

Dewey, George, made admiral for 
life, 86. 

District attorney of United States 
court, 145, 146. 

District courts of the United States 
144, 145. 

District of Columbia, governed by 
Congress, 88; commissioners of, 
89; citizens do not vote, 89; is 
really a territory, 89; slavery 
abolished in, 184. 

Dred Scott decision, 185. 

Duties, defined, 60; how collected, 
60; specific and ad valorem, 60; 
export duties forbidden, 97; 
States cannot lay them except 
for expense of inspection, 105, 
106. 


Education, commissioner of, 
141. 

Elections in the States, 205. 
Electoral count bill, appendix xxi. 










XXXVI 


INDEX 


Entering ships, 98. 

Equity, courts of, 149, 150. 
Excises, 59, 61. 

Executive department, 21. 

Export duties forbidden, 97. 

Ex post facto laws, definition of, 
96; Congress must not pass, 95, 
96; refer to crimes only, 96; 
States must not pass, 101, 104. 
Extradition of criminals, 160. 


Federal party, 204. 

Filibustering, purpose of, 56; how 
done, 57. 

Fines, excessive, forbidden in U. S. 
courts, 181. 

Foreign postage, cost of, 77. 

Free coinage of silver,70; of gold,69. 
Free press guaranteed, 174. 

Free speech guaranteed, 174. 
Fugitive slaves to be returned, 160; 
slave law of 1850, 160. 


Garfield, President, disability and 
death of, 123. 

Georgia, early government, 13; 
insists upon importing slaves, 
92; its western lands, 163; voting 
qualifications in, 187. 

Gerrymandering, purpose and ori¬ 
gin of, 25; in Pennsylvania, 197. 

Gold coins, 69; a legal tender, 69; 
reduced in value in 1834, 70; 
certificates not a legal tender, 73. 

Government, receipts and expenses 
of, 62; officials and presents, 99, 
100 . 

Grandfather clause, 187. 

Grand jury must examine all 
charges of crime in the United 
States courts, 177; composition 
of, 177. 

Great Britain has strongest navy 
in world, 84. 

Greenbacks a legal tender, 72. 


Habeas corpus, what it is, 94, 95; 
how used, 94; when it may be 


suspended, 93, 94; Congress has 
power to suspend, 95. 

Hamilton, Alexander, suggests the 
Constitutional Convention, 18; 
prominent in the Convention, 
19; first loose constructionist 
leader, 91. 

Harrison, Benjamin, elected Presi¬ 
dent by minority of voters, 
110 . 

Hayes, President, election of, 113; 
serious dispute over election, 
118. 

Henry, Patrick, opposed ratifica¬ 
tion of Constitution, 90. 


Impeachment, what it is, 34; 
Representatives bring charges, 
40; Senate tries persons im¬ 
peached, 40; presiding officers 
at trials, 40; punishment in case 
of, 40, 41; President cannot par¬ 
don in case of, 127; convicted 
officers must be removed, 135. 

Implied powers of Congress, 90, 
182. 

Imports, in the United States 
equivalent to duties, 60; States 
cannot lay them, 105. 

Inauguration of President and Vice 
President, 126. 

Indians, untaxed, not represented 
in Congress, 29; Commissioner 
of Indian Affairs, 141. 

Indictment by grand jury, 177. 

Initiative, 197. 

Insolvent laws, may be passed by 
States, 68; apply to future debts 
only, 68; must not conflict with 
bankrupt laws, 68. 

Insurrection, how suppressed, 164. 

Interior, Secretary of, order of 
succession to Presidency, 124; 
powers and duties of, 141. 

Internal revenue, principal sources 
of, 61. 

Interstate commerce, regulated by 
Congress, 64; the trusts, 64; 
bureau of corporations, 142; 
commission, 142. 






INDEX 


xxxvii 


Jackson, President, and the spoils 
system, 132. 

Japanese, cannot be naturalized, 
67. 

Jefferson, Thomas, first leader of 
strict constructionists, 92; elected 
President by House of Repre¬ 
sentatives, 116. 

Jeopardy of life or limb, 178. 

Johnson, Andrew, impeachment 
of, 41. 

Johnson, R. M., chosen Vice-Presi¬ 
dent by Senate, 117. 

Judges, of the United States courts, 
144-149; appointed for life, 144, 
148; Territorial judges not ap¬ 
pointed for life, 148; salaries of, 
148, 149; salaries cannot be de¬ 
creased, 148. 

Judgments, 216. 

Judicial, Department of United 
States, 21, 22, 144; proceedings 
of one State valid in others, 

158. 

Juries in the States, 198. 

Jury, crimes must be tried by, in 
United States courts, 153. 

Justice, Department of, established 
1789, 139. 

Justice of the Peace, 199. 


Lands, public, how disposed of, 
163. 

Laws, how made, 53-55; three 
ways of making, 54; of Congress 
to override State laws, 169; 
common law, origin of, 156; 
common law in the United 
States, 156; common law and 
verdicts of juries, 180 

Legal tender, 69, 70, 72; States 
cannot create any but gold and 
silver coin, 102. 

Legislative Department, 21, 23. 

Lieutenant-General, 83; now chief 
of staff, 139. 

Lincoln, President, suspended ha¬ 
beas corpus, 95. 

Local government, 201. 

Loose constructionists, 90, 91. 


Louisiana has code Napoleon in¬ 
stead of common law, 157. 

Lynching, serious peril of, 179. 

Madison, James, chief framer of 
Constitution, 19. 

Majoritv and plurality voting, 
117. 

Marque and reprisal, letters of, 80; 
granted by Congress, 80; not 
now granted, 80; States cannot 
grant, 102. 

Marshal of the United States 
court, 145, 146. 

Maryland, early government, 14; 
moves for better government, 
18; abolishes slavery, 185. 

Massachusetts, early government, 
14; cedes western land to gov¬ 
ernment, 163; voting qualifica¬ 
tions in, 187. 

Mayors, duties of, 202. 

Militia, of whom composed, 87; 
may be called into service by 
President, 87; organization of 
in States, 88; necessary for a 
free State, 175. 

Ministers, foreign, how appointed, 
128; duties of, 131; received by 
President, 135; not subject to 
jurisdiction of United States, 185. 

Mints, where located, 69. 

Mississippi, voting qualifications 
in, 187 

Money, wholly controlled by Con¬ 
gress, 68; foreign, value here deter¬ 
mined by Congress, 65; present 
coinage, 69; subsidiary coins, 
70; paper money, 72; national 
bank notes, 72; gold and silver 
certificates, 73; counterfeiting, 
punishment of, 74; States can¬ 
not coin, 102. 

Money orders, 76. 


National banks, 72; notes of, 72; 
notes not a legal tender, 72; 
supervised by comptroller of 
currency, 139. 



INDEX 


xxxviii 

Naturalization, controlled by Con¬ 
gress, 66; requirements of, 66; 
exceptions to laws of, 67; not 
essential to voting, 67. 

Naval observatory, 140. 

Navy of the United States, main¬ 
tained by Congress, 84; efficient 
and growing, 84; navies of other 
countries, 84; various types of 
vessels of, 85; officers of, rank 
and names, naval academy, 86; 
rules and punishments in, 86; 
officers not impeachable, 42; 
States cannot maintain navies, 
106; department, 140; Secretary 
of, order of succession to Presi¬ 
dency, 129; power and duties of, 
140. 

Negro suffrage, attempts to secure, 
186, 189; largely prevented in 
the South, 187, 189. 

Nevada admitted as State with 
population of 60,000, 161. 

New England, towns of, 201. 

New Hampshire, early govern¬ 
ment, 13. 

New Jersey, early government, 
13, 14. 

New States, admission of, 161. 

New York, early government of, 
13; cedes western land to gov¬ 
ernment, 163. 

New York City, the first capital 
of the nation, 89. 

Nobility, Congress may grant no 
titles of, 99; orders of in 
England, 99; States may grant 
no titles of, 101, 105. 

Nominations, for the Presidency, 
120; in the States, 204. 

North Carolina, early government, 
13, 14; insists upon importing 
slaves, 92; its western lands, 
163; slow to ratify Constitution, 
171; is sued by South Dakota 
in the United States Courts, 183. 


Obligations of contracts, States 
cannot impair, 101, 104; Con¬ 
gress may impair, 105. 


Officers, no religious tests for, 170; 
of the Army, 83; retirement and 
promotion, 83; supplied by mili¬ 
tary academy, 84; not impeach¬ 
able, 42. Of the Navy, 85; re¬ 
tirement and promotion, 86; 
supplied by naval academy, 86; 
not impeachable, 42. 

Oklahoma, refused admission as 
State with population of 400,000, 
161. 

Original jurisdiction of United 
States Courts, 152. 


Panama, independence recognized 
by Roosevelt, 135. 

Paper monejq varieties, 72, 73; 
States cannot issue, 102; United 
States may issue, 102; Congress 
may make a legal tender, 103; 
this pow r er probably not in¬ 
tended, 103. 

Pardoning pow T er of the President, 
128. 

Parliament, English, members 
need not live in districts, 28. 

Patents, purpose of, 78; how ob¬ 
tained, 79; cost of, 79; duration 
of, 79. 

Philippines, how governed, 163. 

Piracy, definition of, 80; under 
jurisdiction of Congress, 79, 80; 
punishments for, SO. 

Plurality and majority voting, 
117. 

Political parties in the United 
States, 204. 

Porto Rico, how governed, 163. 

Postal matter, different classes of, 
75; cost of postage, 75, 76. 

Postmasters, four classes of, 75; 
salaries of, 75; how appointed, 
75; terms of office, 75. 

Postmaster-General appoints 
fourth-class postmasters, 75; 
contracts for carrying mails, 77; 
succession of to Presidency, 124; 
powers and duties of, 140. 

Post-office Department, account 
of, 74-77, 140. 



INDEX 


XXXIX 


Post-offices solely controlled by 
national government, 74; four 
classes of postmasters, 75; sal¬ 
aries of postmasters, 75; how 
postmasters are appointed, 75; 
different classes of postal mat¬ 
ter, 75; cost of postage, 75, 76; 
registering mail matter, 76; 
money-orders, 76; free delivery 
of mails in towns, 77; rural free 
deliveries of mails, 77; cost of 
foreign postage, 77; more useful 
abroad than here, 77; postal 
savings banks, 77. 

Post roads, may be established by 
Congress, 74; national road built, 
77; railroads are post roads, 77. 

Postal savings banks, 77. 

Preamble to the Constitution, 20; 
importance of, 20, 21. 

Presentment by grand jury, 177. 

Presidents, list of, appendix xxx. 

President, his part in making laws, 
53, 54; appoints postmasters, 
75; the chief executive of the 
nation, 108; term of office, re- 
election, 108, 109; expediency of 
forbidding re-election, 109; and 
of lengthening term of, 109; how 
chosen, 109-116; dangerous possi¬ 
bility in election, 113; when chosen 
by Representatives, 116; mode 
of election changed, 117; party 
nominations for, 120; qualifica¬ 
tions of, 121; succession to, 123- 
125; salary and other expenses 
of, 125; inaugural oath of, 126; 
is commander-in-chief of army 
and navy, 127; his relation to 
the cabinet, 128; pardoning 
power of, 127, 128; makes treat¬ 
ies, 128, 129; his power to ap¬ 
point officers, 138, 139; depends 
largely upon recommendations 
of Congressmen in appointments, 
138, 139; the messages of, 134; 
receives foreign ambassadors 
and ministers, 135; suppresses 
insurrections in States, 164. 

Presidential electors, number of, 
110; how chosen, 110; always 


vote for party candidate, 113; 
dangerous possibility in voting, 
113; three reports of votes sent, 
114; counting their votes, 115; 
law deciding their election, 118; 
succession, law of, 123, 125. 

Presidency, law of succession to, 
appendix xix ; electoral count 
bill, appendix xxi. 

Press, must be free in United 
States, 174. 

Privateering, now generally aban¬ 
doned, 81. 

Protection through the tariff, 61. 

Public lands, how disposed of, 163, 
164. 

Public Schools, 200. 

Punishments, cruel and unusual 
forbidden in United States courts 

181. 


Quartering soldiers, forbidden 
except in war, 176. 

Quay, M. S., appointed Senator 
after Legislature failed to elect, 
37; denied admission, 37. 

Quorum, in Houses of Congress, 
45; in English Parliament, 45; 
counting a quorum, 57. 


Regulation of the interstate com¬ 
merce laws, 143. 

Ransom, Senator, illegal appoint¬ 
ment of as Minister to Mexico, 
50. 

Receipts of the national govern¬ 
ment, 62. 

Records of one State valid in other 
States, 158. 

Reed, Thomas B., as Speaker, 
counts quorum, 57. 

Referendum, 197. 

Registering mail matter, 76. 

Religion, no tests of, for officers, 
170. 

Representatives, National, chosen 
for two years, 24; chosen by the 
people, 24; qualifications of elec¬ 
tors, 25, 26; qualifications of 




xl 


INDEX 


Representatives, 26; need not 
be citizens of their districts, 27; 
apportioned according to their 
population, 28; reapportioned 
every ten years, 29; how appor¬ 
tioned among States, 30; filling 
unexpired terms of, 33; elect 
speaker and other officers, 33; 
officers of House, when chosen, 
43; judge their own elections, 45; 
make their own rules, 45, 46; 
rules of, complicated, 46; how 
votes of are taken, 47; influence 
in apportionment, 130; special 
session of above never called, 
135; to be reduced upon denial 
of suffrage, 186; this provision 
never enforced, 187. 

Reprieves may be granted by 
President, 128. 

Republican party favors a high 
tariff, 61; the loose construction¬ 
ist party, 91; in the States, 204. 

Repudiation of bonds by States, 
183. 

Requisition, Governor’s, for es¬ 
caped criminals, 159. 

Resolution, concurrent, of Con¬ 
gress, not submitted to Presi¬ 
dent, 58. 

Revenue bill, must begin in House 
of Representatives, 52. 

Rhode Island, early government, 
14; last State to ratify Consti¬ 
tution, 171. 

Rights, bill of, in first ten amend¬ 
ments, 174. 

Roberts, B. H., debarred from 
Congress for polygamy, 170. 

Roosevelt, youngest President, 
122; acknowledges independence 
of Panama, 135. 

Rules of Congress, 46; committee 
on, importance of, 56. 


Samoan Islands,how governed,163. 
Schools maintained by the States, 
200 . 

Searches, illegal, forbidden, 176. 
Search warrants, 176. 


Sea ports, no preference among to 
be given, 98. 

Senate, National, how chosen, 36; 
two members from each State, 
35; this feature unchangeable, 
35; importance of, 35; filling un¬ 
expired term in 37; qualifications 
for, 38; Vice-President presides 
over, 38; officers of, 39; Presi¬ 
dent pro tempore, 37; tries all im¬ 
peachments, 37, 38; members 
not impeachable, 41; judges its 
own elections, 45; makes its own 
rules, 45, 46; rules of, 46; how 
votes of are taken, 47; influence 
in appointments, 130, 131; 

special sessions of, 135; States 
will always have equal repre¬ 
sentation in, 168; election of 
by the people, 167, 190. 

Senatorial courtesy, 131. 

Silver dollars and their coinage, 
70, 71, 72; a legal tender, 70; 
certificates, not a legal tender, 
73; Constitution does not make 
a legal tender, 104. 

Slaves, three-fifths of, represented 
in Congress, 32; importation for¬ 
bidden after 1808, 92, 93; once 
held in all the colonies, 92; run¬ 
aways, to be returned, 160; 
fugitive slave law of 1850, 160; 
how freed, 184; freed, must never 
be paid for, 188. 

Smoot, Reed, admitted to Senate, 
though Mormon, 170. 

Soldiers, must not be quartered on 
citizens except in war, 176. 

Solicitor-general, 139. 

South Carolina, early government, 
13, 14; insists upon importing 
slaves, 92; and the second com¬ 
promise, 97; cedes western land 
to government, 163; voting 
qualifications in, 187. 

South Dakota, sues North Caro¬ 
lina in United States Courts, 183. 

Speaker of National House of Rep¬ 
resentatives, 33; elected by the 
House, 33; great importance of, 
33,34; salary is $8000 per year,48. 





INDEX 


xli 


Specific duties, 60. 

Speech, must be free in United 
States, 174. 

Spoils system, 132. 

Staff, general, of the army, 139. 

Standing army, opposition to, 175. 

State, decides who vote for Con¬ 
gressmen, 26; may punish pass¬ 
ing counterfeit money, 74; 
powers denied to, 101-105; con¬ 
troversies in the United States 
Courts, 151; cannot be sued by 
citizens in United States Courts, 
152, 183; acts, records, and 

judicial proceedings of valid in 
other States, 158; must not dis¬ 
criminate against citizens of 
other States, 159; admission of 
new States, 161; division of, 
161; must have republican gov¬ 
ernment, 164; Congress must 
protect from invasion, 164; Pres¬ 
ident suppresses insurrection in, 
164; laws must give way to those 
of Congress, 169; number of 
States necessary to ratify Con¬ 
stitution, 171. 

State church, forbidden in Pnited 
States, 174; in other countries, 
174. 

State courts, 199. 

State executives, 198. 

State judiciary, 198, 199. 

State laws, how made, 197. 

State legislatures, 197. 

State, Secretary of, order of suc¬ 
cession to Presidency, 124; de¬ 
partment of, established 1789, 
137; leading member of Cabinet, 
138; powers and duties, 138; 
extraditing of criminals through, 
160. 

States, government of, 193; rela¬ 
tion of to the National govern¬ 
ment, 194; similarity of govern¬ 
ments, 195; importance of 
knowledge of, 196; constitutions 
of, how made, 196; Legislatures 
of, 197; making laws of, 197; 
Executive departments of, 19S; 
judicial departments of, 198. 


Strict constructionists, 90, 91. 

Succession to Presidency, law of, 
123-125, appendix xix. 

Suits, civil, in the United States 
Courts, 180. 

Sulu Islands, how governed, 163. 

Supreme Court of the United 
States, 144, 147. List of chief 
justices, appendix xxxi. 

Swayne, Judge, impeachment of, 
4L 

Sweeping clause of the Constitu¬ 
tion, 90. 


Tariff, how the bill takes its name, 
53; how collected, 60; furnishes 
large part of revenue, 60. 

Tax bills in Pennsylvania begin in 
House of Representatives, 200; 
collector of taxes, 224. 

Taxes, direct, apportioned accord¬ 
ing to population, 28; defined, 
28, 29, 59; not now laid by Con¬ 
gress, 59; objections to, 59; in¬ 
come taxes collected during 
civil war, 31; income taxes now 
forbidden, 31, 32; capitation tax 
must be proportionate to popu¬ 
lation, 96; indirect, defined, 31; 
advantages of, 31. 

Tennessee, voting qualifications 
in, 187. 

Territories, government of, 162; 
unorganized, 162; slavery abol¬ 
ished in, 184. 

Tilden, Samuel J., defeated for 
Presidency, 113; serious dispute 
over his candidacy, 118. 

Tonnage tax, State cannot lay, 
106, ”107. 

Towns, in New England, 201. 

Townships, functions of, 202. 

Treason in United States, defined, 
154; conviction of, 155; punish¬ 
ment of, 155; former punishment 
of in England, 156. 

Treasury, no money drawn from 
except by law, 99; department 
established 1789, 137. 

Treasury notes, a legal tender, 103. 










xlii 


INDEX 


Treasury, Secretary of, order of 
succession to Presidency, 124; 
powers and duties of, 138. 
Treaties made by President, 129; 
must be confirmed by Senate, 
129; States must not make, 101 
Trusts, defined, 65; controlled 
through interstate commerce 
law, 65. 


United States bonds, 63; debt, 
63; notes, 63. 


Veto, of bills by President, 54; a 
pocket veto, 54, 55; passing a 
bill over, 54, 55. 

Vice-President, President of Sen¬ 
ate, 38; has little power, 38, 123; 
election of, 111, 112, 115-117; 
when chosen by Senate, 116; 
when succeeds to Presidency, 
123; might meet with Cabinet, 
124; salary of, 125; inaugural 
oath of, 126; 

Vice-Presidents, list of, appendix 
xxx i. 

Virginia, early government of, 13; 
moves for better government, 
18; division of during civil war, 
161; cedes western land to the 


government, 163; voting quali¬ 
fications in, 187. 

Voters, States fix qualifications of, 
26, 27; qualifications vary in 
different States, 26. 

Voting, right of, not to be denied 
on account of race, color, or 
slavery, 189; of negroes in South 
largely prevented, 189. 


War, may be declared only by 
Congress, 80; department estab¬ 
lished 1789, 137; Secretary of, 
order of succession to Presidency, 
124; powers and duties of, 139. 

Washington, George, made com¬ 
mander-in-chief, 15; suggests 
uniform currency and duties, 
18; president of Constitutional 
Convention, 19. 

Washington City, government of, 

88 . 

Ways and Means Committee, 53. 

Weather Bureau, 142. 

West Point, military academy at, 
84; how cadets are appointed, 84. 

West Virginia separated from Vir¬ 
ginia, 161. 

Wyoming, admitted as State with 
population of 60,000, 161; voting 
qualifications in, 187. 


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